St. Paul Fire & Marine Insurance v. Parsons
Supreme Court of Minnesota
In July, 1886, the plaintiff insured one Wm. H. Caine against loss-by fire on bis dwelling-house, the terms of the policy providing that, it should be void if the property should “be sold under foreclosure of: a mortgage or any other lien,” or if the assured “should sell or transfer the property” without the consent of the company indorsed on the policy.
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In July, 1886, the plaintiff insured one Wm. H. Caine against loss-by fire on bis dwelling-house, the terms of the policy providing that, it should be void if the property should “be sold under foreclosure of: a mortgage or any other lien,” or if the assured “should sell or transfer the property” without the consent of the company indorsed on the policy. On the same day Caine and wife had mortgaged the property to secure a loan of $1,000, and the policy also insured the-mortgagee’s interest. The policy contained provisions by which, in case of loss, the insurer was bound to pay the mortgagee,…
1Opinion of the CourtDickinson, J.
In February, 1886, the plaintiff insured one Caine against loss by fire of his dwelling-house. The policy contained the provision that it should be void if the property should be sold under *354foreclosure of a mortgage or any other lien, or by voluntary transfer or conveyance, unless such transfer or change of title should be indorsed on the policy, or if the assured should sell or transfer the property without the consent of the company indorsed on the policy. In June, 1887, the premises were sold in proceedings for the foreclosure of a mortgage thereon, the mortgagee (a corporation) becoming…
2Cases cited4 opinions
- Lamberton v. Connecticut Fire InsuranceSupreme Court of Minnesota · 1888
- Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
- Trentor v. PothenSupreme Court of Minnesota · 1891
- Robertson v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1882
3Cited by12 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Koivisto v. Bankers & Merchants Fire InsuranceSupreme Court of Minnesota · 1921
- Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
- Leland v. Modern SamaritansSupreme Court of Minnesota · 1910
- Union Nat. Bank v. German Ins.Court of Appeals for the Seventh Circuit · 1896
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