Dick v. Franklin Fire Insurance
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The legal proposition to be discussed on this record is, that the circuit court and court of appeals misconstrued and misunderstood the legal effect of the subrogation clause of the policy, so-called, to the injury of the appellant.
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Appeal from St. Louis Court of Appeals. The legal proposition to be discussed on this record is, that the circuit court and court of appeals misconstrued and misunderstood the legal effect of the subrogation clause of the policy, so-called, to the injury of the appellant. The subrogation clause is in these words: “ It is hereby agreed that in case of loss, the assured shall assign to this company an interest in said deed of trust equal to the sum of loss paid under this policy; provided, the said assignment shall in no wise prejudice the assured’s claim to recover the full amount of their…
1Opinion of the CourtNorton, J.
On the trial of this cause in the circuit court of the city of St. Louis, judgment was rendered for the defendant, which, on appeal to the St. Louis court of appeals was affirmed, and the case is before us on plaintiff’s appeal from the said judgment of affirmance.
It was held by the court of appeals that a trustee in a deed of trust in the nature of a mortgage, has an insurable interest in the mortgaged premises, distinct from that of the mortgageor, and that a conveyance by the mortgageor of his interest, in no way affects the trustee’s right to insure his interest. It was also held, that…
2Cited by12 opinions
- State v. KyleSupreme Court of Missouri · 1901
- City of New York Ins. Co. v. StephensSupreme Court of Missouri · 1952
- McDowell v. MorathMissouri Court of Appeals · 1896
- United Stores Of America, Inc. v. Fireman's Fund Insurance CompanyCourt of Appeals for the Eighth Circuit · 1970
- Insurance Co. of North America v. MartinIndiana Supreme Court · 1898
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