Legal Opinion

National Bank of D. O. Mills & Co. v. Union Insurance

California Supreme Court

Decided March 31, 1891No. 13722PublishedCited by 12 opinions

Appeal from a judgment of the Superior Court of Sacramento County, and from an order denying a new trial. The facts are stated in the opinion of the court.

1Opinion of the Court

Foote, C.

On the twenty-seventh day of December, .1886, the appellant, a fire insurance company, issued to the Johnston Brandy and Wine Manufacturing Company a policy of insurance against loss or damage by fire, upon certain property therein mentioned, to the amount of three thousand dollars. On the face of this policy was attached the following indorsement:—■

“ Loss (if any) payable to National Bank of D. O. Mills & Co., as herein provided.
“ It is hereby agreed that this policy, as to the interests of the mortgagee or trustee only therein, shall not be invalidated by any act or negligence of…

2Cases cited4 opinions

  1. Farrington v. TennesseeSupreme Court of the United States · 1878
  2. Wheaton v. North British and Merchantile InsuranceCalifornia Supreme Court · 1888
  3. Goldtree v. McAlisterCalifornia Supreme Court · 1890
  4. Helbing v. Svea Ins. Co.California Supreme Court · 1880

3Cited by12 opinions

  1. Reynolds v. London & Lancashire Fire Insurance Co.California Supreme Court · 1900
  2. North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
  3. Brecht v. Law, Union & Crown Ins.Court of Appeals for the Ninth Circuit · 1908
  4. Duff v. RandallCalifornia Supreme Court · 1897
  5. Ormsby v. Phenix Ins.South Dakota Supreme Court · 1894

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