Stockton Combined Harvester & Agricultural Works v. American Fire Insurance Co.

This cause is submitted on substantially the same transcript as Sacramento No. 262, Stockton etc. Works v. Glens Falls Ins. Co., ante, p. 167. Two points are presented in this case by appellant not raised in the Glens Falls Insurance Company case.

1. The policy names the plaintiff company as the insured, but stipulates for payment of loss to one Eliza B. Buckles. It is now claimed by defendant that the insurers entered into no new agreement with Mrs. Buckles, such as is relied upon by plaintiff in the other cases, and also in this, that Mrs Buckles was not a party to the submission to arbitration, and it nowhere appears that Arnold, arbitrator for plaintiff company, had authority to speak for her, or in fact did represent her.

The final draft of the complaint, to which there was a supplemental complaint, and also several amendments, showed that Mrs. Buckles no longer had any interest in the policy, and that the agreements relied upon were made with the plaintiff company. The finding 4 was that on March 14, 1888, there was a subsisting mortgage upon a portion of the property of twenty- *184 five thousand dollars to plaintiff Eliza B. Buckles, and “that the loss in said policy of…