Page:Federal Reporter, 1st Series, Volume 1.djvu/76

 68 FEDERAL REPOftTER. �fault oî the respondents in not paying the just claim of the libellants. The Wanata, 5 Otto, 600, 612. �Decree of the district court is reversed, and a decree for tha libellants entered for the sum of $4,000, with costs. ���Peiemaksdorp V. Watertown Insurance Go. �{Circuit GourU If- JD. Illinois. November 21, 1879.) �FiRK Insurance — Mobtgagor and Mobtgagbe— Partt to Suit.— In an action upon a policy of insuranoe on mortgaged premises, the mortgagee is not a proper party plaintiff, where the policy was issued to the mort- gagor, althougli made payable to the mortgagee. �Brbach of Conditions. — Any breach by the mortgagor of the conditions �contained in such policy will avoid the same. Rbstoration of Ji'ropbrtt. — If the injured property is repaired by the �mortgagor, no right of action remains upon the policy. �Gary, Gody de Gary for defendant. �Hoyne, Horton e Hoyne, for plaintiff. �Blodgett, J. This is a suit brought on a policy of insur- anoe issued by the defendant insurance company, dated the second day of February, 1877, to one Nigg, whereby the defendant insured George Nigg to the amount of $1,500, against loss by fire or lightning, etc., on a two-story frame dwelling house, situate on lot 2, in block 31, in Cooksville, Illinois, loss, if any, payable to Henry Friemansdorf, as his interest may appear. �The suit is brought in the name of Friemansdorf, and the plaintiff avers that the policy was issued for the sole purpose of insuring the plaintiff, Friemansdorf ; that a fuU disclosure was made to the defendant's agent of the plaintiff' s interest, and that the defendant chose the form of policy which was issued; that the plaintiff paid the premium and has the sole right of action. The declaration, of course, avers the loss by fire of the property insured, and states that the plaintiff Friemansdorf had an interest to the extent of $1,000 in the premises as mortgagee. �There are three pleas interposed to this declaration : ��� �