Page:Federal Reporter, 1st Series, Volume 9.djvu/544

UNION INS. co. V. aiiOVES. 529 �Union Ins Oo. v. Glovee and another. �(Gireuit Court, D. Maine. September, 1881.) �1. EqDITABM! AsSIGNilENTS — BlLL op Intbrplbadbb. �An assignment of a part only of a particular f und is valid in equity. After a loss occurred, the holder of a policy of Insurance gave an order on the Company for a specifie sum, which was less than the total amount of the policy and less also than the amount due from the company to the assured on this losa. The party named in the order hrought an action against the Com- pany in a Btate court in the name of the assured, and the assured subsequontly brought a similar suit in this court. While both actions were pending, the insurance company flled a bill of interpleader against the parties to these suits, to have their rights as to the amoiint due on the policy ascertairied. i/eM, that the court can determine the rights of the parties ; and, further, that the order constituted an equitable assignment of the amount named in it. �In Equity. �A. P. Oould, for E. K. Glover. �A. A. Strout and W. Gilbert, for C, C. Glover. �F. A. Wilson, for the Insurance Company. �Fox, D. J. On the twentieth day of April, 1878, the complainant, by policy No. 6,306, insured the sum of $2,500 on brig J. M. Wiswell for one year; loss payable to C. C. Glover, who was the master and owner of nine-sixteenths of the brig. �Within the year the vessel met with disaster in the English channel, and, for the beneflt of all concerned, was beached near Dartmouth. She was sub- sequently taken to that port and there sold. Controversies in relation to the general average arose between the master and the owners of her cargo, which are, it is stated, still pending in the courts of England. In May, 1879, C. C. Glover returned to Itockland, in this state, where his brothers, E. K. and W. H. Glover reside, each of whom owned one-eighth of said brig. In July, Charles was desirous of obtaining funds with which to return to Eng- land, as he claimed, to pay bills there incurred about the general average claims. He applied to his brothers to advance him $1,000 on that account. William had always refused to join in the prosecution of the general average claims, and declined to advance funds for that purpose, but was willing to loan Charles $1,000, on receiving as security for its payment an assignment from Charles of the policy of insurance. Such an instrument was drawn in the usual form, July 7th, and a power of attorney was given by Charles to E. K. on the same day, authorizing him to collect the Insurance from the com- pany. Charles afterwards refused to execute the assignment of the policy to William, and William declined to Ipan him the $1,000. �On the ninth day of July, Charles received from E. K. Glover $600, which v.9,no.9— 34 ��� �