Bright v. Hanover Fire Insurance

Citations

• 48 Wash. 60
• 92 P. 779
• 1907 Wash. LEXIS 855

Syllabus

<p>Evidence — Parol—To Vary Writing. A stranger to a written contract, cannot, in a controversy with one of the parties thereto, object to oral evidence on the ground that it contradicts the terms of the writing.</p> <p>Appeal — Reservation of Grounds — Objections to Evidence. Error in the admission of evidence cannot be urged on appeal, where only one objection to that character of evidence was made and the objection was not ruled upon nor the question answered.</p> <p>Insurance — Insurable Interest — Property Under Contract of Sale — Escrows—Proof of Special Interest. Where, pending a purchase of personal property, the conveyance was placed in escrow, and the condition for delivery was not complied with at the time of a loss by fire, tlie general property remains in the vendor, and the vendee, although in possession, cannot recover on a policy of fire insurance taken out by him, in the absence of proof of the value of his special interest in the property; personal property not being within the provisions of the valued policy law.</p> <p>Same — Valued Policy Law. The valued policy law (Laws 1899, p. 332), applies to a policy of fire insurance taken out by a vendee having a special interest in hotel property (real estate), by reason of a conveyance in escrow, the conditions for delivery of which were not performed at the time of the loss; and thereunder the amount of insurance written in the policy is conclusively taken as the true value of the insured’s special interest.</p>