Washburn v. Wilkinson
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a new trial in the Superior Court of Sacramento County.
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Appeal from a judgment for the plaintiff, and from an order denying a new trial in the Superior Court of Sacramento County. Denson, J. The action was brought to foreclose four mortgages, one of which contained the provision that the mortgagors should keep the improvements on the mortgaged premises insured for two thirds of their cash value, and that upon their default in doing so the mortgagee might cause the same to be insured at the expense of the mortgagors, and that the mortgagors would, on demand, repay the mortgagee all sums which might be paid for any insurance on the premises, and…
1Opinion of the Court
The Court:
It is not averred in the complaint that the mortgagor failed to keep the mortgaged property insured, or that the mortgagee conformed to the power contained in the mortgage in respect to the insurance. Neither is there any evidence of any insurance money having been paid by the mortgagee prior to the commencement of the action; besides, there is no supplemental complaint averring any payment of insurance since such commencement. It was, therefore, error for the Court to allow the plaintiff the amount paid by her for insurance.
Cause remanded, with instructions to modify the decree in…
2Cited by4 opinions
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