Edge v. St. Paul Fire & Marine Insurance
South Dakota Supreme Court
Appeal from Circuit Court, Faulk County. Hon. Lorikg E. Garry, Judge. Action by Anna Edge and others against the St. Paul Fire & Marine Insurance Company. From a judgment in favor of plaintiffs, defendant appeals. Under the open mortgage clause' the insurance is of the interest of the mortgagor and not of the interest of the mortgagee. 13 Am. & Eng. Ency. of Law, 2nd Ed., 202; Grosvenor v. Ins. Co., 17 N. Y. 391, 393; Bates v. Equitable Ins.
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Appeal from Circuit Court, Faulk County. Hon. Lorikg E. Garry, Judge. Action by Anna Edge and others against the St. Paul Fire & Marine Insurance Company. From a judgment in favor of plaintiffs, defendant appeals. Under the open mortgage clause' the insurance is of the interest of the mortgagor and not of the interest of the mortgagee. 13 Am. & Eng. Ency. of Law, 2nd Ed., 202; Grosvenor v. Ins. Co., 17 N. Y. 391, 393; Bates v. Equitable Ins. Co., 10, Wall. 33, 36; Williamson v. Ins. Co., 57 N. W. 46; Baldwin v. Phoenix Insurance Co., 60 N. H. 164; Civil Code S. D. Sec. 1800. The “union…
1Opinion of the Court
FULLER, P. J,
On the 14th day of December, 1901, appellant company insured a barn for Fred P. Thomas, situated on premises then belonging to him, subject to a mortgage in favor of respondent Anna G. Edge, to whom the policy of insurance was *192thereupon delivered, and to which was attached the following clause for her benefit: “Loss, if any, payable to Anna G. Edge, mortgagee, as her interest may appear. This slip is hereby attached to and made a part of policy No. 15,719, Aberdeen, S. D. Agency'of the St. Paul Fire & Marine Insurance Company of St. Paul, Minn.” In addition to the usual condition…
2Cases cited6 opinions
- Queen Insurance v. Dearborn Savings, Loan & Building Ass'nIllinois Supreme Court · 1898
- Oakland Home Insurance v. Bank of CommerceNebraska Supreme Court · 1896
- Boyd v. Thuringia InsuranceWashington Supreme Court · 1901
- Senor v. Western Millers' Mutual Fire InsuranceSupreme Court of Missouri · 1904
- Christenson v. Fidelity InsuranceSupreme Court of Iowa · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brecht v. Law, Union & Crown Ins.Court of Appeals for the Ninth Circuit · 1908
- Smith v. Germania Fire InsuranceOregon Supreme Court · 1922
- Royal Insurance Co. v. Walker Lumber Co.Wyoming Supreme Court · 1916
- Poole v. Sun Underwriters InsuranceSouth Dakota Supreme Court · 1937
- Ford v. Iowa State InsuranceSupreme Court of Missouri · 1927
5 more not listed; retrieve them via the Exa API.