Stockton Combined Harvester & Agricultural Works v. American Fire Insurance Co.

Citations

• 121 Cal. 182
• 53 P. 573
• 1898 Cal. LEXIS 871

Syllabus

<p>Eibe Insurance—Loss Payable to Mortgagee—Cessation of Interest— Supplemental Complaint—Parties—New Agreement with Owner.— Where a policy of fire insurance named the owner of the property as the insured, and stipulated for payment of loss to a mortgagee, and a supplemental complaint in an action upon a new agreement made by the insurance company with the owner to pay a specified sum as its proportionate share of an adjusted loss, showed that the mortgagee, who was a party coplaintiff, had ceased to have any interest in the property, and that the mortgage had been fully paid and discharged since the commencement of the action, it is not essential to a recovery by the owner of the property that such mortgagee should have been a party to the new agreement, it being sufficient that she joined in the action, and remained a party thereto, and would he estopped by the judgment therein in favor of the owner.</p> <p>Id.—Amended and Supplemental Complaints—Statute of Limitations.— Where the amended and supplemental complaints set up the same policy and the same new agreement with the defendant by way of compromise that were set forth in the original complaint, the difference being that in the original complaint the new agreement was described as being with the plaintiffs, while in the amended and supplemental complaints it was described as being with the owner of the property, and the mortgage was alleged to have been satisfied in the supplemental complaint, the cause of action is not changed by the amended or supplemental complaint, and the statute of limitations does not apply as of the date of either of them, but only as of the date of the original complaint.</p> <p>Id.—Interest of Mortgagee—Ratification—Pleading— Judgment—Parts in Interest.—The interest of the mortgagee was still the same, and she ratified or adopted the new agreement, so far as she was concerned, by joining in the action thereupon; and, the policy being payable to her by its terms, she was a proper par