GREAT AMERICAN INS. CO. v. WILLIAMS

GREAT AMERICAN INS. CO. v. WILLIAMS
1926 OK 191
251 P. 1012
123 Okla. 206
Case Number: 16467
Decided: 03/02/1926
Supreme Court of Oklahoma

GREAT AMERICAN INS. CO.
v.
WILLIAMS et al.

Syllabus

¶0 2. Appeal and Error--Harmless Error--Rulings of Court. A ruling of the court in the trial of an action, which may be error in form, but not in substance, is harmless error.
3. Insurance--Fire Policy--Recovery on Mortgage Clause--Judgment Sustained. Record examined; held, to be sufficient to support judgment in favor of the plaintiff.

Albert L. McRill and Jas. C. Cheek, for plaintiff in error.
Utterback & Stinson, for defendant in error Clara D. Williams.

STEPHENSON, C.

¶1 C. G. Shane et al., who owned improved city property, executed their real estate mortgage to Clara D. Williams, to secure the payment of certain indebtedness to the plaintiff. The owners, pursuant to a provision of the mortgage, procured an insurance policy on the property from the insurance company for the sum of $ 2,500, and instructed the company to attach a mortgage clause in favor of the plaintiff. The improvements were totally destroyed by fire, while the mortgage existed, during the life of the policy. The plaintiff commenced her action against the insurance company to recover on the mortgage clause, and joined the owners of the property and the Commerce Trust Company, a junior mortgagee, as defendants. The trial of the cause resulted in judgment for the plaintiff for the full amount of the policy. The insurance company has appealed the cause here for review.