Griswold v. American Central Insurance
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. 1. The entry, “ Loss, if any, made payable to F. Fuchs,” bound the company to pay Fuchs whatever loss Cabanne should suffer within the terms of the policy. Hale v. Fire Ins. Co., 6 Gray 169; Fogg v. Middlesex Ins. Co., 10 Cush. 337; Macomber v. Ins.
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Appeal from St. Louis Court of Appeals. 1. The entry, “ Loss, if any, made payable to F. Fuchs,” bound the company to pay Fuchs whatever loss Cabanne should suffer within the terms of the policy. Hale v. Fire Ins. Co., 6 Gray 169; Fogg v. Middlesex Ins. Co., 10 Cush. 337; Macomber v. Ins. Co., 8 Cush. 135. As Fuchs never, either by assignment or otherwise, parted with his right, he was the proper party to sue. 2. Before any loss happened, Cabanne had conveyed and had ceased to have any insurable interest. His conveyance was on the 7th day of September, and there is no pretense of any…
1Opinion of the Court
Hough, J. —
This was an action on a policy of insurance against loss by fire, issued by the defendant on the dwelling house of one Cabanne, for a period of five years from May 24th, 1870. The premium for the entire period was paid when the policy was issued. On the 6th day of August, 1870, Cabanne borrowed money from one Fuchs, and to secure the payment thereof executed to him a deed of trust conveying the land on which the house stood, or the adjoining land. On August 8th, 1870, the following memorandum was made on the face of the policy: “August 8th, 1870. Loss, if any, made payable to F.…
2Cited by9 opinions
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