Milwaukee Mechanics' Ins. v. Ramsey
Oregon Supreme Court
Prom Tillamook: Webster Holmes, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by the Milwaukee Mechanics’ Insurance Company, a corporation, against A. Ramsey, E. U. Wagy, Tillamook County Bank, a corporation, and Tillamook City, á municipal corporation.
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Prom Tillamook: Webster Holmes, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by the Milwaukee Mechanics’ Insurance Company, a corporation, against A. Ramsey, E. U. Wagy, Tillamook County Bank, a corporation, and Tillamook City, á municipal corporation. The plaintiff, a Wisconsin company engaged in the business of insurance against loss by fire in this state, insured the laundry of the defendant Ramsey in the sum of $2,000, making the loss payable to the Tillamook County Bank, mortgagee, as its interest might appear; otherwise to the insured. The policy contained…
1Opinion of the CourtJustice Burnett
"We note át the outset that the insurance was effected by the mortgagor at his own expense under the policy, in which he is designated as the insured, and which insures his property, and appoints the mortgagee as the one to receive payments of the loss to the extent of its interest; otherwise, it is to be paid to Ramsey.
1. It is well settled that if a mortgagee, having, as he does, an interest in preserving the property pledged to him as security, insures the same at his own expense, and a loss by fire occurs, the insurer, paying the loss to the insured mortgagee to the amount of the debt, is…
2Cases cited5 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Delaware Ins. v. GreerCourt of Appeals for the Eighth Circuit · 1903
- Brecht v. Law, Union & Crown Ins.Court of Appeals for the Ninth Circuit · 1908
- Fire Ass'n v. PattonNew Mexico Supreme Court · 1910
- Boyd v. Thuringia InsuranceWashington Supreme Court · 1901
3Cited by12 opinions
- National Fire Ins. Co. v. MoganOregon Supreme Court · 1949
- American Central Insurance v. WellerOregon Supreme Court · 1923
- Plate Glass Underwriters' Mutual Insurance v. Ridgewood Realty Co.Missouri Court of Appeals · 1925
- Home Ins. Co. v. BoatnerCourt of Appeals of Texas · 1920
- Murray v. WileyOregon Supreme Court · 1946
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