Green v. Phoenix Insurance

Donegan, J.-

In December, 1929, the plaintiff took a mortgage in the sum of $1,500 on a certain lot and dwelling thereon in the town of Prescott, Iowa. In January, 1931, payments being in default, plaintiff brought an action to foreclose said mortgage. Not knowing the residence of the then owner of the property, plaintiff, through his agent and attorney, one Fackler, applied to a soliciting agent of the defendant insurance company for insurance to protect his interest as mortgagee. At that time it was explained to the agent of the defendant company that the plaintiff did not know who the real…