Show ANOTHER APPLICATION Edwin A Peck vs the Girard Insurance In-surance Company In the case of Edwin A Peck vs Girard Fire Marine Insurance company com-pany appellant the opinion was written writ-ten by Chief Justice Zane and concurred con-curred in by Justices Bartch and Miner and affirmed the judgment cf the district court The action was brought on a policy executed by the defendant to Erastus Christofferson insuring his house against fire in the sum of 1000 The defendant based his defense on two provisions of the policy the first of which reads Loss if any payable to Edwin A Peck mortgagee as his interest may appear C and the second This policy shall be Ji void if any change other than by the death of an insured takes place in the interest title or possession of the subject sub-ject of the insurance whether by legal process or judgment or by voluntary act of the insured or otherwise The debt secured by the mortgage was 76665 and the loss by the fire amounted to 69250 The district court I rendered judgment against the defendant defend-ant for the latter amount which is now affirmed The conclusion of the court was that the suit was properly brought that the deed of Christofferson though absolute ab-solute in form was in effect a mortgage mort-gage and did not change or transfer to Peterson his interest in or his title to the property or violate the condition r or prohibition relied upon or forfeit plaintiffs right to the loss proven |