Funk v. Shawnee Fire Insurance

The opinion of the court was delivered by

Mason, J.:

Fred Nuss, the owner of a mortgaged farm, insured ithe buildings in the Shawnee Fire Insurance Company, the loss being made payable to the mortgagee, who held the policy. Except as to the mortgagee, the insurance was to be rendered void if a change took place in the title of the property, or if i,t should be assigned, unless an agreement thereto was indorsed on the policy. Nuss sold the farm to John *569D. Funk. A loss occurred, which was paid to the mortgagee, the company taking an assignment of the mortgage. Funk paid the amount due in excess…