76 Mo. App. 15 | Mo. Ct. App. | 1898
This suit was brought by plaintiffs against defendant” on a fire insurance policy. It was alleged in the plaintiffs’ petition that said policy was issued to one Cohn, and that after the loss thereunder the said Cohn had assigned and transferred the same to the plaintiffs in trust for themselves and other creditors.
This was the construction the parties themselves gave to the instrument as shown by the fact that after it was ascertained there could be no adjustment of the loss, Cohn, with the knowledge of the plaintiffs, brought suit against defendant on the policy. Cohn v. Ass. Co., 68 Mo. App. 373. The interpretation placed by themselves on the instrument is entitled to great weight, if not controlling authority. It is clear that by the execution of the instrument Cohn did not intend to transfer to plaintiffs the title to. the policy and that such was the understanding of the latter. The terms, “collect and receipt,” whether taken by themselves or in connection with other parts of the instrument can not be construed to have the operative effect to transfer the title of the policy to plaintiffs. Guinotte v. Ridge, 46 Mo. App. 254, cited and relied on by the plaintiffs is not in point. In that case there was both an assignment and power of attorney. The words “receive and receipt for” were supplemented with others which conferred “full power and authority to do and perform all and every act and thing requisite and necessary to be done in the premises,” and “to hold and collect said tax bills in trust,” etc. In the present case the power conferred is but a naked power to receive and collect. The instrument on its face does not purport to be an assignment of the policy. Nor do we think that we are authorized by any term thereof to declare it an assignment in legal effect. There is no ambiguity in any term of the instrument. It is manifest from the language thereof that it was the purpose of the assured to confer on plaintiffs the power to collect and receipt for the amount of the
The judgment must be affirmed.