Trichel v. Home Ins.

On March 26, 1918, plaintiff insured his house with defendant for $3,000 with a “loss payable” clause in favor of W. P. Hall, mortgagee. On December 27, 1917, plaintiff entered into, with one Mrs. W. G. Cavell, a certain agreement which they styled “contract to sell.” On February 28, 1919, the house was destroyed by fire.

As the “loss payable” clause in favor of the mortgagee was uneonditional, defendant paid the mortgage in full, took a subrogation from the mortgagee; and proceeded to foreclose. Whereupon plaintiff sued out an injunction, *462which the lower court perpetuated; and defendant…