55 Wash. 226 | Wash. | 1909
In September, 1908, the' plaintiff, John T. Wheatman, obtained a judgment for $425.26 against' the de
After pleading his note and mortgage, the respondent in his petition alleged:
“That after said property was destroyed by fire and after the adjustment of the loss by said insurance companies, the policies of the insurance companies and the proof of loss and the amount due said D. D. Kane over and above the amount due and payable to the Skagit State Bank were assigned to George T. Kane to satisfy the amount remaining due on the note and mortgage hereinbefore described.”
Appellant, by his first assignment of error, contends that the trial court erred in admitting evidence tending to support the allegations of this petition, for the reason that it does not state facts sufficient to support findings in favor of the respondent George T. Kane. In support of this assignment, he contends that the petition is defective for the reason that it fails to allege that the assignment of the claims upon the policies, to George T. Kane, were filed with the garnishee in
The controlling issues in this case are issues of fact only. We do not deem it necessary to enter upon a detailed statement of the evidence, our conclusion being that by its clear preponderance it warrants the findings made, which in turn support the final judgment. It was made to appear that George T. Kane held a valid bona fide note against D. D. Kane secured by a second chattel mortgage on the property, which being insured was destroyed by fire; that the insurance policies were made payable to the Skagit State Bank as its interest might appear; that although they were not made payable to George T. Kane, second mortgagee, the agent of the insurance companies was informed, at the time the policies were written, that George T. Kane claimed an interest as mortgagee; that proofs of loss were made in which it was stated that the Skagit State Bank held a first mortgage lien and that the respondent George T. Kane held a second mortgage lien; that the proofs thus made were received and approved by the insurance companies; that immediately after the fire the respondent George T. Kane authorized an attorney in Bellingham to represent him and protect his interests arising out of his note and mortgage, and that D. D. Kane delivered the policies to the attorney as respondent’s agent, with instructions to receive the amount due thereon and apply it to the satisfaction of the lien of George T. Kane, after the prior lien of the bank had been first paid. All of this was done, and the proofs of loss stating respondent’s claim were made, prior to the issuance or service of appellant’s writ of
The judgment is affirmed.
Rudkin, C. J., Parker, Dunbar, and Mount, JJ., concur.