[DOWNLOAD] "Caldwell v. States" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Caldwell v. States
- Author : Colorado Supreme Court
- Release Date : January 02, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
THIS is an action by Claire Taylor and Mary M. Fougnier against the defendant the Home Insurance Company of New York to recover a judgment for $3,000 on account of loss by fire or lightning of a dwelling house insured by defendant, situate on lands owned at the time by the plaintiff Taylor, but subject to a trust deed in favor of the plaintiff Fougnier. The complaint in substance alleges that the policy in question covering a period of three years from December, 1927, to December, 1930, was issued by defendant through Howard & Howard, its local agents, to the plaintiff Fougnier who at the time owned the land on which the dwelling house was situate and who paid the premium on the policy. In December, 1927, Fougnier conveyed the premises to the plaintiff Taylor taking back a trust deed on the same which secured notes in the amount of $3,500 given in part payment of the purchase price. In January, 1929, the plaintiff Fougnier assigned the policy to the plaintiff Taylor, which was approved by the insurance company, and a loss payable clause in favor of plaintiff Taylor was duly issued and attached thereto. The dwelling house was totally destroyed by fire in September, 1930, and the value of the property burned was in excess of $5,000. There was a general allegation in the complaint that the plaintiffs had done and performed everything requisite or necessary to be done by them under the terms of the policy and by reason of the loss defendant became indebted to the plaintiffs in the sum of $3,000 but it failed and refused to pay the same or any part thereof.