Washburn v. Wilkinson
Cases that cite this one
3 later published cases cite this decision.
- Strickler Co. v. Eisner (Cal. Ct. App. 1935)
- Galliano v. Kilfoy (Cal. 1892)
- Cummings v. Conlan (Cal. 1885)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is not averred in the complaint that the mortgagor failed to keep the mortgaged property insured, or that the mortgagee conformed to the power contained in the mortgage in respect to the insurance. Neither is there any evidence of any insurance money having been paid by the mortgagee prior to the commencement of the action; besides, there is no supplemental complaint averring any payment of insurance since such commencement. It was, therefore, error for the Court to allow the plaintiff the amount paid by her for insurance.
Cause remanded, with instructions to modify the decree in accordance with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.