Oakland Home Insurance v. Bank of Commerce
Nebraska Supreme Court
Error from the district court of Hall county. Tried below before Harrison, J. The facts are stated in tbe opinion. The assured, J. Nelson Jones, has no standing or rights under the policy. The pleadings and evidence show that long prior to the loss he parted with all interest he may have had in the property. (McOlusJcey v. Providence Washington Ins. Co., 126 Mass., 306; ¿Etna Ins.
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Error from the district court of Hall county. Tried below before Harrison, J. The facts are stated in tbe opinion. The assured, J. Nelson Jones, has no standing or rights under the policy. The pleadings and evidence show that long prior to the loss he parted with all interest he may have had in the property. (McOlusJcey v. Providence Washington Ins. Co., 126 Mass., 306; ¿Etna Ins. Co. v. Tyler, 16 Wend. [N. Y.], 385; Wilson v. Hill, 3 Met. [Mass.], 66.) There was no valid assignment of the policy from Jones to the owner of the property at the time of the loss. The company is not liable to…
1Opinion of the Court
Irvine, C.
This was an action on a policy of fire insurance written in favor of J. Nelson Jones, and having attached an instrument signed by the agents issu*720ing the policy, the essential part of which is as follows: “Loss, if any, under this policy payable to the Bank of Commerce, or its assigns, as its mortgage interest may then appear.” The policy and the slip attached both bore date October 17, 1889, and were both executed on that day. The policy ran for five years from that date. Not far from the time when the policy was issued, the premises insured were conveyed to one Brownfield, and an…
2Cases cited2 opinions
- Phenix Insurance v. Omaha Loan & Trust Co.Nebraska Supreme Court · 1894
- Rochester Loan & Banking Co. v. Liberty InsuranceNebraska Supreme Court · 1895
3Cited by29 opinions
- Bacot v. Phoenix Insurance Co. of BrooklynMississippi Supreme Court · 1909
- Delaware Ins. v. GreerCourt of Appeals for the Eighth Circuit · 1903
- Glens Falls Insurance v. PorterSupreme Court of Florida · 1902
- Queen Insurance v. Dearborn Savings, Loan & Building Ass'nIllinois Supreme Court · 1898
- Welch v. British American Etc. Co.California Supreme Court · 1905
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