Tierney v. Phoenix Insurance
North Dakota Supreme Court
Appeal from District Court, Cass County, McConnell, J. Action on a policy of insurance by Emma Tierney and Charles A. Morton against the Phoenix Insurance Company of Brooklyn, N. Y. Plaintiffs had judgment, and defendant appeals. Under the policy in suit the rights of the mortgagee were subject to be defeated by any act which defeated the rights of the mortgagor. Section 4104, Comp. Laws; Grosvenor v. Atlantic F. Ins.
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Appeal from District Court, Cass County, McConnell, J. Action on a policy of insurance by Emma Tierney and Charles A. Morton against the Phoenix Insurance Company of Brooklyn, N. Y. Plaintiffs had judgment, and defendant appeals. Under the policy in suit the rights of the mortgagee were subject to be defeated by any act which defeated the rights of the mortgagor. Section 4104, Comp. Laws; Grosvenor v. Atlantic F. Ins. Co., 17 N. Y. 395. The endorsement “Loss if any payable to Edwin Morris mortgagee as his interest may appear” is not an assignment of the policy, nor a contract to insure the…
1Opinion of the CourtCorliss, J.
Defendant, to reverse the judgment appealed from, summons to its aid the general rule of law that a judgment is, as against strangers, only evidence of its own existence; that it can never be used, as against them, to prove any other fact. Plaintiff challenges the right of defendant to invoke this rule under the facts of this controversy, claiming that it is inapplicable to this case. These two conflicting contentions present the issue we must meet and decide.
The action was upon an insurance policy issued by defendant to the plaintiff Emma Tierney upon her house in the City of Fargo, in this…
2Cases cited2 opinions
- Barr v. Gratz's HeirsSupreme Court of the United States · 1819
- Maloney v. FinneSupreme Court of Minnesota · 1889
3Cited by8 opinions
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- Paine v. Dickey CountyNorth Dakota Supreme Court · 1899
- State Bank of Sevier v. American Cement & Plaster Co.Utah Supreme Court · 1932
- Canterra Petroleum, Inc. v. Western Drilling & Mining SupplyNorth Dakota Supreme Court · 1987
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