Merriam Mortgage Co. v. Saint Paul Fire & Marine Insurance

The opinion of the court was delivered by

Burch, J.:

The action was one to recover on a fire insurance policy. The plaintiff recovered judgment for the amount of the policy and for an attorney fee. A supplemental application by the defendant for subrogation was denied. The defendant appeals.

The policy was issued to the owner of the property involved. *191Loss was made payable for the assured’s account to the plaintiff as mortgagee under a mortgage clause attached to the policy, which reads in part as follows:

“It is agreed that whenever this company shall pay the mortgagee any sum for loss under…