Chandos v. American Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for TWinnebago County. Action upon a policy of insurance against fire. The facts are sufficiently stated in the opinion. The defendant appeals from a judgment in favor of the plaintiffs. They argued, among other things, that the only effect of the words “ loss, if any, payable to mortgagee as his interest may appear ” is to provide to whom the loss is payable, and such mortgagee does not thereby become a party to the contract.
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APPEAL from the Circuit Court for TWinnebago County. Action upon a policy of insurance against fire. The facts are sufficiently stated in the opinion. The defendant appeals from a judgment in favor of the plaintiffs. They argued, among other things, that the only effect of the words “ loss, if any, payable to mortgagee as his interest may appear ” is to provide to whom the loss is payable, and such mortgagee does not thereby become a party to the contract. It is the interest of the mortgagor, not that of the mortgagee, which is insured; and in case of a breach of condition by the mortgagor…
1Opinion of the CourtOrton, J.
The facts sufficient to raise the questions of law on this appeal are substantially as follows:
The appellant company issued its policy of insurance on the property of Marian Bensley, deceased, hereinafter described, February 1, 1889, for one year, of $1,000. The *188property was burned October 18, 1889. It was provided in the policy that “loss, if any, is payable to one Louisa W. L. Goff, as her mortgage interest may appear.” The said Louisa held a mortgage on the property insured by assignment of $10,000 principal. Insurance in other companies of $40,000 permitted, and. actual insurance in other…
2Cases cited17 opinions
- Burchell v. MarshSupreme Court of the United States · 1855
- Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Hall v. DelaplaineWisconsin Supreme Court · 1856
- Franklin Savings Institution v. Central Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1876
12 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
- Atlas Reduction Co. v. New Zealand Ins.Court of Appeals for the Eighth Circuit · 1905
- Dore v. Southern Pac. Co.California Supreme Court · 1912
- Guild v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1896
- Itasca Paper Co. v. Niagara Fire Insurance Co.Supreme Court of Minnesota · 1928
28 more not listed; retrieve them via the Exa API.