Callahan v. Linthicum
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. On the 1st day of June, 1869, the appellee conveyed certain real estate to the appellant and took from him a mortgage bearing date the 5th of June, 1869, to secure the balance of the purchase money.
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Appeal from the Court of Common Pleas. On the 1st day of June, 1869, the appellee conveyed certain real estate to the appellant and took from him a mortgage bearing date the 5th of June, 1869, to secure the balance of the purchase money. At the time of the sale and conveyance to the appellant, the appellee held a policy of insurance on the buildings on said farm, issued by the Mutual Fire Insurance Company of Montgomery County, and notified the Company of the sale and conveyance, and of the fact that he held a mortgage on the property for the balance of the purchase money. The buildings on…
1Opinion of the CourtBartol, C. J.
The special facts and circumstances of this case as they appear in the record, I think take it out of the operation of the general rules which govern contracts of insurance made by a mortgagee for his own indemnity, and exclusively for the protection of his own interest in the property insured. Where such insurance has been effected by the mortgagee, it is very clear that the mortgagor has no privity with the contract, and can claim no benefit under it. In such case it is well settled, as stated by the Supreme Court “ that where the mortgagee insures solely on his own account, it is but an…
2Cases cited4 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Citizens' Fire Insurance, Security & Land Co. v. DollCourt of Appeals of Maryland · 1872
- Reed v. LukensSupreme Court of Pennsylvania · 1863
- Insurance Co. v. UpdegraffSupreme Court of Pennsylvania · 1853
3Cited by15 opinions
- Wm. Skinner & Sons' Ship-Building & Dry-Dock Co. v. HoughtonCourt of Appeals of Maryland · 1900
- Rent-A-Car Co. v. Globe & Rutgers Fire InsuranceCourt of Appeals of Maryland · 1930
- Federal Intermediate Credit Bank v. Globe & Rutgers Fire Ins.District Court, D. Maryland · 1934
- Heinz v. Twenty-Sixth German-American Building Ass'nCourt of Appeals of Maryland · 1902
- Ponder v. Gibson-Homans Co.Supreme Court of Arkansas · 1924
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