Williamson v. Michigan Fire & Marine Insurance
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. This action was brought to recover a loss which occurred under a policy of insurance issued by the defendant, April 7, 1891, to the estate of Jennie Stillwell.
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APPEAL from the County Court of Winnebago County. This action was brought to recover a loss which occurred under a policy of insurance issued by the defendant, April 7, 1891, to the estate of Jennie Stillwell. On the 2d day of August, 1883, Jennie Stillwell was the owner of the property insured, and on that day executed and delivered a note and mortgage securing the same on the premises in question to Jennie Perkins for $500, no part of which has been paid; and on the 4th day of April, 1891, the plaintiff became the owner of this note and mortgage. Prior to the date of the policy, Jennie…
1Opinion of the CourtPiNNey, J.
The plaintiff could not maintain an action upon the policy in question as sole plaintiff. The legal right of action was in the insured, and the provision in the policy, “loss, if any, first payable to Jennie Perkins or assigns, as her mortgage interest may appear,” operated only as a conditional appointment or order to pay so much of the proceeds of the policy as might be equal to the amount due on the mortgage at the time of, and in the event of, a loss under it. It was not operative in prmsenti, and the insured was still the owner of the policy. If the mortgage was paid before any loss…
2Cases cited2 opinions
- Chandos v. American Fire InsuranceWisconsin Supreme Court · 1893
- Hartford Fire Ins. v. DavenportMichigan Supreme Court · 1877
3Cited by17 opinions
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Atlas Reduction Co. v. New Zealand Ins.Court of Appeals for the Eighth Circuit · 1905
- Walker v. Queen Insurance Co.Supreme Court of South Carolina · 1926
- Taylor v. Glens Falls InsuranceSupreme Court of Florida · 1902
- Collinsville Savings Society v. Boston InsuranceSupreme Court of Connecticut · 1905
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