Carroll v. Chipman

The opinion of the court was delivered by

Schoonover, J.:

Frank Carroll and wife executed their note and a mortgage on their homestead to Daniel L. Chipman. It is now alleged by Chipman that' at the time of the execution and delivery of the note and mortgage there was a verbal agreement between Frank Carroll, the mortgagor, and C.W. Chandler, the resident agent of Chipman, who negotiated the loan, that the property should be insured for the benefit of Chipman. Before the trial Frank Carroll died and the action was revived against the widow and children, the plaintiffs in error. At the trial, C.…