Dick v. Franklin Fire Insurance
Missouri Court of Appeals
Appeal from the Sfc. Louis Circuit Court, Boyle, J. When an insurance is taken out by the mortgagee under an arrangement m the mortgage that it shall be done at the expense of the mortgageor, in such case the mortgageor or his assigns as well as the mortgagee is interested in and has the benefit of such insurance. The insured, in case of the payment by him of a loss, has no interest in the property.
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Appeal from the Sfc. Louis Circuit Court, Boyle, J. When an insurance is taken out by the mortgagee under an arrangement m the mortgage that it shall be done at the expense of the mortgageor, in such case the mortgageor or his assigns as well as the mortgagee is interested in and has the benefit of such insurance. The insured, in case of the payment by him of a loss, has no interest in the property. As between himself and the mortgageor (or his assigns, a second encumbrancer) agreeing to pay the premium for the insurance, it is the insurance of the mortgageor or the second encumbrancer alike…
1Opinion of the CourtThompson, J.
This is an action upon a policy of insurance against fire. The action was originally brought to reform the policy, but it has been changed to an action to recover upon the policy according to its terms. This renders it unnecessary to consider a mass of testimony found in the record, which is not relevant to the present issue. The policy was written by the defendant compauy, on April 24, 1874, and ivas kept alive by renewals until the loss sued for, which took place on October 2,1877. The policy, by its terms, insured “ F. A. Dick and Ben Farrar, trustees of Isaiah Y. Williamson, against loss…
2Cases cited13 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Kernochan v. . the New-York Bowery Fire Insurance CompanyNew York Court of Appeals · 1858
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- City of New York Ins. Co. v. StephensSupreme Court of Missouri · 1952
- The Home Ins. Co. of N.Y. v. SmithMissouri Court of Appeals · 1940
- 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
- Farmers' & Laborers' Co-Operative Insurance v. Bank of CentraliaMissouri Court of Appeals · 1933
9 more not listed; retrieve them via the Exa API.