Loy v. Home Insurance
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Olmsted county, Mitchell, J., presiding, denying a motion for a new trial in an action on a policy of insurance. argued that the words “any change” meant a partial as well as entire change; and the word transfer, a partial as well as entire transfer; that under the statutes a mortgage was deemed a conveyance for every purpose, save that it did not confer the right of possession without a foreclosure, (Gen. St. c.…
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Appeal by defendant from an order of the district court for Olmsted county, Mitchell, J., presiding, denying a motion for a new trial in an action on a policy of insurance. argued that the words “any change” meant a partial as well as entire change; and the word transfer, a partial as well as entire transfer; that under the statutes a mortgage was deemed a conveyance for every purpose, save that it did not confer the right of possession without a foreclosure, (Gen. St. c. 40, § 26; Id. c. 75, § 11; Plath v. M. F. M. F. Ins. Go. 23 Minn. 479; Lang don v. M. F. M. F. Ins. Co. 22 Minn. 194;) and…
1Opinion of the CourtCornell, J.
The policy on which this action is brought contains the following among other conditions :
“If the property be sold or transferred, or any change takes place in title or possession, (except by reason of the death of the insured,) whether by legal process or judicial decree, or ¡voluntary transfer or conveyance, * * * this policy 'shall be void. ”
The property insured consisted of a dwelling-house, and icertain furniture and wearing apparel therein contained, situate upon premises belonging to the respondent. After the ¡Issuance of the policy the respondent mortgaged the premises, ¡and the same…
2Cases cited3 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Insurance Cos. v. WrightSupreme Court of the United States · 1864
- Westfall v. Hudson River Fire InsuranceThe Superior Court of New York City · 1853
3Cited by18 opinions
- George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
- Rogers v. BentonSupreme Court of Minnesota · 1888
- Gage v. SanbornMichigan Supreme Court · 1895
- Commercial Union Assurance Co. v. ScammonIllinois Supreme Court · 1888
- Robbins-Leavenworth Floor Covering, Inc. v. Leavenworth National Bank & Trust Co.Supreme Court of Kansas · 1981
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