Moeller v. American Fire Insurance
Supreme Court of Minnesota
Appeal by plaintiff, Lillie P. Moeller, from a judgment of the District Court of Hennepin County, Hooker, J., entered September 28, 1892, that she take nothing by her action.
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Appeal by plaintiff, Lillie P. Moeller, from a judgment of the District Court of Hennepin County, Hooker, J., entered September 28, 1892, that she take nothing by her action. On August 15, 1887, Charles A. Wait owned lot six (6) in block one (1) of Sixth Avenue North Addition to Minneapolis, and on that day he and wife mortgaged it to Mary E. Webster, to secure the payment of $1,800. On April 25, 1889, Mrs. Webster assigned the debt and mortgage to her sister, the plaintiff, and the assignment was duly recorded. At the same time there was an oral agreement between plaintiff and Mrs. Webster,…
1Opinion of the CourtGilfillan, C. J.
Action to reform a policy of insurance, and to recover upon it as reformed. The policy, as executed, insured one Wait (who at the time was the owner of the property) against loss by fire. It contained this clause: “Loss or damage, if any, under this policy shall be payable to Mary E. Webster, as mortgagee, (or trustee,) as interest may appear;” the plaintiff’s name notappearing in the policy. The reformation of this clause by inserting the name ■of plaintiff in the place of the name of Mary E. Webster is sought. Without being thus reformed, of course the plaintiff cannot recover upon it; and,…
2Cases cited1 opinion
- Hendrickson v. Great Northern Ry. Co.Supreme Court of Minnesota · 1893