Witherow
Witherow v. United American Insurance
Opinion
Lead Opinion
Marks, J.
J.—This action was brought by plaintiff against defendant to recover the sum of $800, on an insurance policy written by defendant on the property described therein. Plaintiff recovered judgment for $746.91 and defendant appealed.
It appears from the record before us that on April 11, 1923, appellant issued its policy of insurance in the sum of $800 on the building involved, for the term of three years in favor of F. S. McClain, the then owner. The title to the property passed by various conveyances to Carl Marr. It bears the usual indorsements carrying the consent of appellant to these changes of ownership and a mortgage clause dated December 20, 1923, in favor of W. L. Witherow, plaintiff’s decedent. On March 13, 1924, Marr conveyed the property to L. A. McCain and W. B. Scott. On June 21, 1924, McCain and Scott conveyed the property to Oscar Cochems and wife. On September 24, 1924, Cochems and wife conveyed the property to G. W. Purkey and wife. On March 20, 1925, Purkey and wife conveyed the property to H. L. Clark, where title remained until November 25, 1925, when the buildings were destroyed by fire. At the time there was $1,336.44 unpaid on decedent’s note, which was…