Metropolitan Life Insurance v. Mennonite Mutual Fire Insurance

The opinion of the court was delivered by

Jochems, J.:

This action was brought by plaintiff against the defendant upon an insurance policy issued by the defendant to one Loran Kistner as the insured. The policy had attached to it a mortgage clause in favor of the plaintiff as mortgagee. The insured, Loran Kistner, obtained leave of the court to interplead. Judgment was entered against the defendant in favor of plaintiff and of the interpleader. From this judgment defendant appeals.

The action was submitted to the court upon an agreed statement of facts and some oral and documentary testimony.…