Williamson v. Mich. Fire & Marine Ins. Co.
| Decision Date | 28 November 1893 |
| Citation | 57 N.W. 46,86 Wis. 393 |
| Parties | WILLIAMSON v. MICHIGAN FIRE & MARINE INS. CO. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Winnebago county court; C. D. Cleveland, Judge.
Action by John E. Williamson against the Michigan Fire & Marine Insurance Company on a policy of insurance. Judgment for plaintiff. Defendant appeals. Reversed.
The other facts fully appear in the following statement by PINNEY, J.:
This action was brought to recover a loss which occurred under a policy of insurance issued by the defendant April 7, 1891, to the estate of Jennie Stillwell. On the 2d day of August, 1883, Jennie Stillwell was the owner of the property insured, and on that day executed and delivered a note and mortgage securing the same on the premises in question to Jennie Perkins for $500, no part of which has been paid; and on the 4th day of April, 1891, the plaintiff became the owner of this note and mortgage. Prior to the date of the policy, Jennie Stillwell, the mortgagor, died, leaving one child, Jennie Stillwell, her sole heir at law, and the owner of the premises. No administrator has ever been appointed on the estate of said Jennie Stillwell, deceased, but on the 7th day of April, 1891, the said policy of insurance was issued by the defendant company to “the estate of Jennie Stillwell,” whereby it is claimed that the defendant did insure said estate of Jennie Stillwell, for the period therein stated, against loss or damage by fire, in the sum and to the amount of $400, on the one-story, frame, shingle roof building, occupied as a dwelling house and millinery store, on lot 23, block 4, etc., in Neenah, Wis., “loss, if any, first payable to Jennie Perkins or assigns, as her mortgage interest may appear.” Plaintiff alleged in his complaint that as mortgagor, from and since the 4th day of April, 1891, he had an interest in the property so insured in an amount exceeding said insurance, to wit, in the sum of $500. The property thus insured was entirely destroyed by fire November 18, 1891, and the plaintiff brings this action for the recovery of the sum named in the policy. The defendant, in its answer, alleged, among other things, that the plaintiff had not at the time of the loss, nor at any time since, any title to or interest in the property in question, except jointly and individually with one Jennie Stillwell; that she was the owner in fee thereof, and that she had an interest in the property, the subject of the action, jointly with the plaintiff; and that she is still living, and the heir at law of Jennie Stillwell, deceased. Upon trial before the court without a jury, the court held that the plaintiff had a right, upon these facts, to recover in his own name, and gave judgment accordingly, from which the defendant appealed.Eaton & Weed, for appellant.
Thompsons, Harshaw & Davidson, for respondent.
PINNEY, J., (after stating the facts).
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