Bach v. North Dakota Mutual Fire Insurance

Birdzell, Ch. J.

This is an action brought by a mortgagee to recover for a loss sustained by the destruction of premises upon which the defendant, a mutual insurance company, organized under the laws of this state, had issued a policy, containing a loss payable clause in favor of the mortgagee. From a judgment in favor of the defendant the plaintiff has appealed. The case was tried before the Honorable A. G. Burr, a judge of the district court, now a member of this court. The facts and the view of the law which was considered controlling are sufficiently stated in a memorandum decision of…