Union Central Life Insurance v. Zehr

The opinion of the court was delivered by

Burch, C. J.:

The action was one to foreclose a real-estate mortgage. The mortgagor claimed credit for the amount of insurance on a building destroyed by fire, paid by the insurance company to the mortgagee. The credit was disallowed, and defendants appeal.

Zehr and wife gave a real-estate mortgage to the Union Central Life Insurance Company for $3,750. The Farmers Alliance Insurance Company issued a fire insurance policy covering the dwelling house on the land. A mortgage clause was attached, making loss payable to the mortgagee, and providing the…