Legal Opinion

Lewis v. McReavy

Washington Supreme Court

Decided November 20, 1893No. 954PublishedCited by 5 opinions

Appeal from Superior Court, Mason County. Action by Martin Lewis to recover from John McReavy the sum of §2,500, one-half of a policy of insurance which he had taken out upon a steamer, and had assigned under an alleged special contract to John McReavy, who held a note and mortgage on the steamer for §3,000, and asking the cancellation and surrender of said note. The steamer had burned, but payment of insurance had been resisted.

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Appeal from Superior Court, Mason County. Action by Martin Lewis to recover from John McReavy the sum of §2,500, one-half of a policy of insurance which he had taken out upon a steamer, and had assigned under an alleged special contract to John McReavy, who held a note and mortgage on the steamer for §3,000, and asking the cancellation and surrender of said note. The steamer had burned, but payment of insurance had been resisted. McKeavy subsequently compromised with the insurance company for §3,000, which sum he retained. Lewis claimed that, under the contract of assignment, he was to have…

1Opinion of the Court

The opinion of the court was delivered by

Hoyt, J.

Appellant made a mortgage to the respondent upon a certain steamer for the sum of §3,000, and agreed therein that he would procure a policy of insurance upon such steamer in the sum of §5,000, and assign it to the respondent as further collateral security. Such insurance policy was taken out in the name of the appellant, but was not assigned by him as required by the terms of the mortgage until after the destruction of the steamer. The company declined to pay the loss on various grounds, and thereafter the appellant duly assigned said policy to…

2Cited by5 opinions

  1. Pleasant v. Arizona Storage & Distributing Co.Arizona Supreme Court · 1928
  2. Queen City Construction Co. v. City of SeattleWashington Supreme Court · 1940
  3. Wescott v. MitchellSupreme Judicial Court of Maine · 1901
  4. Legal Adjustment Bureau v. West Coast Construction Co.Washington Supreme Court · 1931
  5. Utah Saving & Trust Co. v. BambergerUtah Supreme Court · 1905

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