Carberry v. German Insurance Co.
Wisconsin Supreme Court
APPEALS from the Circuit Court for Milwaukee County. On December 6, 1877, one Andrew Carberry, since deceased, owned a dwelling house in Pewaukee. On that day he procured from the defendant company a policy of insurance on the same, whereby, in consideration of a sum therein named, the defendant insured him against loss or damage by fire to the amount of $1,000, “ loss, if any, payable to Esther E. Hodgson, mortgagee.”
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APPEALS from the Circuit Court for Milwaukee County. On December 6, 1877, one Andrew Carberry, since deceased, owned a dwelling house in Pewaukee. On that day he procured from the defendant company a policy of insurance on the same, whereby, in consideration of a sum therein named, the defendant insured him against loss or damage by fire to the amount of $1,000, “ loss, if any, payable to Esther E. Hodgson, mortgagee.” Said company thereby agreed to make good unto the said assured, his executors, administrators, and assigns, all such immediate loss or damage, not exceeding the sum named, as…
1Opinion of the CourtCassoday, J.
At the time the policy was procured Mrs. Hodgson held a mortgage on the premises, given September 6, 1876, for $600. That mortgage was considerably less than the amount of the insurance. The property insured being real estate, there can be no question that the mortgage was merely a lien, and that the mortgagor, Andrew Carberry, was the absolute owner of the premises and had an insurable interest therein to the extent of their value, notwithstanding the mortgage. Cayon v. Dwelling House Ins. Co. 68 Wis. 510. It is, moreover, well settled that Mrs. Hodgson, as' mortgagee, was absolutely bound…
2Cases cited11 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Continental Insurance v. CoxIllinois Supreme Court · 1879
- Hammel v. Queen Insurance Co. of London & LiverpoolWisconsin Supreme Court · 1880
- Cayon v. Dwelling House InsuranceWisconsin Supreme Court · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Atlas Reduction Co. v. New Zealand Ins.Court of Appeals for the Eighth Circuit · 1905
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
- Parsons v. BalsonWisconsin Supreme Court · 1906
- Neuhaus v. Clark CountyWisconsin Supreme Court · 1961
- Wunderlich v. Palatine Fire InsuranceWisconsin Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.