California Supreme Court, 1881

Washburn v. Wilkinson

Washburn v. Wilkinson
California Supreme Court · Decided November 15, 1881
59 Cal. 538

Washburn v. Wilkinson

Opinion of the Court

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.