case roger lynch and another appellant robert Dalzell and other respondent  that march Mews dig viii see jud Act S Rayner v Preston Ch d policy of  insurance against loss or damage by fire be not in their nature assignable nor  can the interest in they be transfer from one person to another without the  express consent of the office A purchase a house which be insure against fire  and a assignment be accord execute the house be afterward burn down and  subseqent to that accident a assign the policy of insurance hold that the  purchaser be not entitle to recover decree of Lord chancellor king affirm this  case be cite with approbation by Lord Hardwicke and rely upon by he as the  ground of his opinion in the saddler company v Badcock and all atk there be  one event in which by the proposal of the insuranceoffice these policy against  fire be allow to be transfer and that be when any person die the policy and  interest therein shall continue to the heir executor or administrator  respective to who the property insure shall belong provide before any new  payment be make such heir executor or administrator do procure his or her  right to be endorse on the policy at the say office or the premium be pay in  the name of the say heir executor or administrator but in all other case there  can be no assignment and the party claim the indemnity must have a interest in  the thing insure at the time of the loss these point be decide in the present  case and that cite above from atk park c park on insurance about the year some  person observe that great benefit accrue to the public by insurance make in  the city of London and Westminster against loss of house by fire but that such  insurance do not extend to other part of England nor be there any insurance  against loss of good by fire they form a society for that purpose which be  call the sun fireoffice and the undertake be from that time so successful  brown carry on that hundred of family have be thereby save from ruin the  society be sensible that such a extensive undertake may give great opportunity  for fraud take all possible precaution for prevent they and therefore their  policy for insurance be so frame as to be contract only between the office and  the person insure the loss secure against be thereby restrain and confine to  the contract person only and the policy refer to certain print proposal  contain the essential term and condition between the insurer and the insure  copy of which proposal be always deliver with the policy by these proposal the  office insure house warehouse good ware and merchandise except some particular  thing therein specify and although it be essential to insurance that the  person insure shall have a property in the brown er p thing lose yet to  prevent all dispute as good and mechandize be fleet coramodities and frequent  change from one hand to another there be a express exception in the proposal  of good and merchandise not be the property of the person insure and that the  property may more full appear to be at the time of the loss in the person  insure it be prescribe and stipulate as a fundamental condition of every  insurance that the person insure in case of loss shall make affidavit of his  loss and procure a certificate from the minister churchwarden and substantial  neighbour inhabitant that they know or very believe that the sufferer have  real sustain such loss and on produce such affidavit and certificate the  insure be to receive satisfaction accord to the proposal but if any fraud or  perjury shall appear the sufferer be to be exclude from all benefit of the  policy and as the contract be plain restrain to the person insure it be  provide by a particular article that the policy and interest of the person  insure shall continue to his executor and administrator upon the term therein  mention on the that of July one Richard Ireland take out from the office a  policy of insurance whereby it be witness that whereas the say Ireland have  agree to pay or cause to be pay to the say office the sum of S within fifteen  day after every quarter day for the insurance of his house be the angel inn at  Gravesend with his good and merchandise as thereinafter express only and not  elsewhere videlicet the dwellinghouse not exceed pound and for the good in the  same only not exceed pound and for the stable only not exceed pound all then  occupy by James peck from loss and damage by fire then so long as the say  Richard Ireland shall duly pay or cause to be pay S a quarter as therein  mention the say society do bind themselves their heir executor administrator  and assign to pay and satisfy the say Ireland his executor administrator and  assign within fifteen day after every quarter day in which he shall suffer by  fire his loss not exceed pound accord brown to the exact tenor of their print  proposal which policy be date the that of July and subscribe and seal by three  of the trustee for the society some considerable time afterward Richard  Ireland die have make his will and Anthony his son sole executor who bring the  polioy to the office and have a endorsement make thereon that the same then  belong to he and afterward videlicet at or about Christmas he the say Anthony  pay the office a premium of S for one year insurance from Christmas to  Christmas as by a article in the proposal he be at liberty to do on the that  of August a fire happen at Gravesend which among many other destroy the house  mention in the policy and some time afterward the appellant apply to the  office and allege that they have purchase the house and good of Anthony  Irelard that the same be their property at the time of the fire and that they  have a assignment of the policy make to they at the same time that the house  and good be assign and they produce on affidavit make by the appellant Roger  Lynch wherein he swear that his loss and damage by burn the say house amount  at a moderate computation to pound and upward and upon this affidavit be  endorse a certificate of the minister churchwardes and other inhabitant of  Gravesend that they very believe accord to the best of their information the  appellant Roger and John Lynch have sustain a loss of pound and upward but  neither in the affidavit or certificate be any mention make of any loss be  sustain by the appellant by the burn of any good in the say house nor be any  affidavit make by Anthony Ireland in who the property of the policy be that he  have suffer any loss the appellant however insist that the office shall pay  they pound for their loss sustain by the burn of the say house and good but  the manager and trustee of the office not think themselves liable to pay any  thing on that account and the appellant allege that the policy be lose the  three respondent be for the case of the appellant and at their desire appoint  to defend any suit which shall be prosecute against the office on this  occasion the appellant therefore in easter term exhibit their bill in chancery  set forth that Anthony Ireland agree to sell and assign to the appellant the  house stable and good and also at the same time agree to assign the policy and  brown er p that by indenture of the that of June for pound Ireland do assign  to the appellant a lease he have of the house and stable for the residue of a  term of seventy year which commence at midsummer car two but the good for  which the appellant as they allege be to pay pound be intend for one Thomas  church who be to hold the inn under the appellant Ireland by deed poll of the  same date sell the same to church for his own use the bill also state that by  another write of equal date Ireland brown assign the policy and all money and  benefit thereof to the appellant that although the bill of sale of the  household good be make to church yet as the appellant pay the purchase money  for the same church assign his bill of sale to they for secure the money they  have pay for the good and afterward by another write release to the appellant  his benefit and interest in the policy that the appellant have apply to the  office for the pound loss which be refuse and therefore the bill pray to have  a satisfaction for the loss they have sustain accord to the policy the  respondent put in their answer and then the appellant amend their bill and the  respondent put in another answer By these answer the respondent set forth the  nature and method of the insurance make by the office and admit the policy in  question and the appellant application for the pound loss but say that the  affidavit produce be not agreeable to the proposal and that they have be  inform and believe that no assignment of the policy be make to the appellant  nor any assignment of good make to they by church till after the fire they  insist that the policy issue by the office be not in their nature assignable  the same be only contract to make good the loss which the contract person  himself shall sustain and that the policy in question be at first make with  Richard Ireland to pay his loss not exceed pound and be afterward declare by  endorsement to belong to Anthony Ireland and that no other person be entitle  to the benefit of it the cause proceed to issue and witness be examine on both  side and upon the appellant own evidence it appear that the first discourse  between the appellant and Mr Ireland about the policy be after the execution  of the assignment of the house and that the agreement if there be any about  the policy be not at the time when the appellant agree to purchase Ireland  term in the house it appear further that the assignment of the policy though  bear date before be not make and execute till some time after the fire so that  the agreement for assign the policy be a voluntary concession of Ireland  without any consideration and independent of the bargain for the house and  never make till after Ireland interest in the policy as to the house be  determine by his sell his interest in the thing insure and not carry into  execution till the thing itself be lose and as to the appellant property in  the good they prove a assignment from church to they as a security for pound  but omit in their interrogatory the material question to their witness  videlicet when that assignment be make though the respondent by their answer  put the time plain in issue by insist that it be after the fire and it do not  appear that the appellant ever have any property in the good the respondent on  their part prove that the office do not insure any person long than they  continue their property in the brown thing insure and that person deal with  they may not be mistake such notice be usual give on the that of November the  cause be hear before the Lord chancellor king when upon a full debate and hear  the evidence on both side his lordship be please to dismiss the bill and the  respondent be Willing to be easy with the appellant do not insist on cost and  therefore the dismission be order without cost but notwithstanding this lenity  the appellant think proper to appeal from the decree insist p York c Talbot  that the quarterly payment be make by Anthony Ireland and accept by the  company for the insurance of the say house and stable to Christmas that the  appellant be good fide purchaser thereof together with the benefit of the  policy before Christmas and that by take a assignment of the lease they become  liable to rebuild the premise and which have cost they above pound that the  policy be actual deliver and agree to be assign to the appellant by Ireland on  the that of June upon brown er p their pay he the whole purchase money and  therefore the appellant from that time become entitle to the benefit of the  policy although the assignment thereof be not in fact execute until after the  fire happen that the appellant never see any print proposal mention that the  insurance be not to be extend where the property be alter without the consent  of the office and what be urge by the respondent as to person remove their  habitation can relate only to a insurance upon good which the appellant do not  now insist upon because the good be not assign to they but the house and  stable be describe and specifical insure by the policy and the appellant  become the proprietor thereof before the expiration of the time for which the  quarterly payment be make they be entitle to have a satisfaction for the loss  which they have sustain by the fire to the full extent of the policy videlicet  pound for the house and pound for the stable on the other side it be argue I  will W Hamilton that these policy be not insurance of the specific thing  mention to be insure for nobody can warrant against accident nor do such  insurance attach on the realty or in any manner go with the same as incident  thereto by any conveyance or assignment but they be only special agreement  with the person insure against such loss or damage as they shall sustain that  the party insure must have a property at the time of the loss or he can  sustain no loss and consequent be entitle to no satisfaction and that this  construction manifest appear from the whole tenor of the proposal that there  be no contract or agreement ever make between the office and the appellant for  any insurance on the premise in question that not only the express word but  the end and design of the contract with Ireland do in case of any loss limit  and restrain the satisfaction to such loss as shall be sustain by Richard  Ireland only and the endorsement on the brown policy declare that right to his  executor Anthony Ireland only that these policy be not in the nature of they  assignable nor be the interest in they ever intend to be transferable from one  to another without the express consent of the office that the transaction in  the present case by change the property backward and forward and render it  uncertain who the true property be manifest show a design imposition and full  justify the caution which the office have take to prevent the policy from be  assignable without the special consent and concurrence of the manager which  method be pursue by all the insuranceoffice who be equal strict and careful in  this respect last that the appellant claim be at best find only upon a  assignment never agree for till the person insure have determine his interest  in the policy by part with his whole property and never execute till the loss  have actual happen and therefore it be hope that the decree will be affirm and  the appeal dismiss with cost accord after hear counsel on this appeal it be  order and adjudge that the same shall be dismiss and the decree therein  complain of affirm jour vol p