Lowry v. Insurance Co. of North America
Mississippi Supreme Court
From the, circuit court of Lauderdale county. Hon. G. B. Huddleston, Judge. This was an action brought by plaintiffs, mortgagees, upon a policy of fire insurance issued to the mortgagor, with recitals and provisions in the policy as stated in the opinion of the court. The defendant, insurance company, demurred to the declaration. The demurrer was sustained in the court below, and the plaintiffs appealed.
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From the, circuit court of Lauderdale county. Hon. G. B. Huddleston, Judge. This was an action brought by plaintiffs, mortgagees, upon a policy of fire insurance issued to the mortgagor, with recitals and provisions in the policy as stated in the opinion of the court. The defendant, insurance company, demurred to the declaration. The demurrer was sustained in the court below, and the plaintiffs appealed. The general rule is that a party in whose favor, or for whose benefit, a contract is made, may maintain a suit on the contract, though he be not a party to it. See note to Barher v. Butler,…
1Opinion of the CourtWhitfield, J.
The precise question presented by this record is this: When the owner of real and personal property mortgages it to a lender of money for a loan, and then insures the said property in his own name, the contract of insurance providing that the loss shall be payable to such mortgagee as his interest may appear, *45and the amount of the mortgage debt exceeds both the whole amount of such insurance and the whole value of said property, can the mortgagee, in such case, the property being destroyed by fire, maintain an action at law, in his own name alone, on such policy ? That he can is clear on…
2Cases cited9 opinions
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Westchester Fire Insurance v. CoverdaleSupreme Court of Kansas · 1892
- Chandos v. American Fire InsuranceWisconsin Supreme Court · 1893
- Fire Insurance Companies v. FelrathSupreme Court of Alabama · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bacot v. Phoenix Insurance Co. of BrooklynMississippi Supreme Court · 1909
- Stuyvesant Ins. v. A. C. Smith Motor Sales Co.Mississippi Supreme Court · 1924
- Brown v. Commercial Fire InsuranceCourt of Appeals for the D.C. Circuit · 1903
- Refuge Cotton Oil Co. v. Twin City Fire Ins.Mississippi Supreme Court · 1929
- Northern Assurance Co. v. National Guarantee & Finance Co.Ohio Court of Appeals · 1936
2 more not listed; retrieve them via the Exa API.