Singleton

This action was originally commenced by George Singleton and the Indian Valley Bank, a corpo.ration, to recover the sum of $5,000 upon a certain policy of fire insurance issued by the defendant to George Singleton, and containing a mortgage clause in favor of the Indian Valley Bank. The policy of insurance covered two items of property, $4,000 upon an hotel building in Crescent Mills, in Plumas County, and $1,000 on the contents thereof. The Indian Valley Bank had a mortgage on the hotel building for the principal sum of $800. The insurance policy provided for the payment of this sum to the mortgagee in the event of loss. Subsequent to the beginning of this action the insurance company paid the Indian Valley Bank the amount due on the mortgage in the sum of $905.31, and took an assignment thereof, and thereupon the bank dismissed its action, and the word “plaintiff” used hereinafter will refer only to the plaintiff, George Single ton. The trial resulted in a verdict for the plaintiff, George Singleton, in the sum of $5,000. From this judgment the defendant appeals.

Four grounds of reversal are alleged: 1st. That the court erred in directing the jury that in the event it found for…