Page:Federal Reporter, 1st Series, Volume 1.djvu/407

 CLABIDGE V. KULMBB. 399 �session." The change of possession contemplated is some- thing more than a change of occupation. It is a change effected "by legal process, judicial decree, voluntary trans- fer, or conveyance;" one which refers to his possessory right and not to the occupancy of the insured. The possession of Zimmer's tenants was his posBsesion, within the meaning }f the policy. �Finally, it is insisted for defendant that plaintiff should he defeated because the proofs of loss were made and verified by him and not by Zimmer; and, inasmuch as the policy requires the proofs to be made by the insured a condition precedent to a cause of action on the policy, has not been complied with. It is a sufficient answer to this position that the defendant received and retained the proofs of loss served by the plaintiff, at the same time repudiating ail liability upon the policy, upon the ground that Zimmer had no interest in the promises at the time of the fire. The plaintiflf was the person to whom the whole loss was payable, by the terms of the policy, and the proper party to bring an action to recover it. By repudiating any liability under the policy to the person entitled to demand payment the defendant waived any imper- fections in the preliminary proofs. Angell on Insurance, §244. ���Claeidgb V. KuLMER and otherc. �{Circuit Court, S. D. Pennsylvania. March 9, 1880.) �Bankeuptct— Prefbbekoe — Rbasonable Cause to flELiEVE.— A pref. erence may be avoided uuder the bankrupt law wherever the crediter has knowledge of faots calculated not merely to taise a suspicion, but to produce a reasonable belief of the debtor's insolvency. What facts are neccBsary to produce such belief must be determined in eacb particular case. �8amb — SETTma Asidb Execution — Effbct on Intermbdiatb Liens. — Where an assignee in bankruptcy avoids, as a preference, an execution ' larger in amount than the value of the goods levied on, he is entitled to the goods or their proceeds as against an execution levied after the pref- srential execution, but before the flling of the petition in bànki;uptcy. ��� �