Inland Finance Co. v. Home Insurance Co.

Suit on a fire insurance policy. A demurrer to the complaint was sustained. The plaintiff refused to plead further and a judgment was entered dismissing the action.

The complaint alleged that the Spokane Elgin Company sold an automobile to one Henry Walberg, who gave a mortgage back to the vendor on the machine to secure a part of the purchase price. This mortgage was duly filed, and within a few days after its execution was assigned by the Elgin Company to the appellant, Inland Finance Company. The mortgage provided that the mortgagor should keep the property insured in favor of the mortgagee…