Mahoney v. McLean, 26 Minn. 415; Davis v. Insurance Co., 135 Mass. 251; Bank v. Insurance Co., 29 Conn. 374 This action being brought on a written contract to recover for a breach of the agreement cannot go beyond the agreement nor bind a party who has not bound himself by signing and executing the agreement. Sencobox v. McGrade, 6 Minn. 334; Ferley v. Stewart, 7 Sanford 101; Davis v. Shields, 26 Wandell 341.
Bangs & Fisk, for respondent:
The acceptance of an agreement need not be in writing, but may be acted wholly or in part. 3 Amer. & Eng. Ency. of Law 858. In general a mere oral assent to what has been written out for a contract will, at common law, suffice. Bishop on contracts, § 342; Farmer v. Gregory, 78 Ky. 475; Baron v. Daniels, 37 Ohio St. 279; Dutch v. Mead, 36 N. Y. Sup. 427.
The opinion of the court was delivered by
Corliss, C. J. This appeal presents the sufficiency of the complaint, the court sustaining it on demurrer. There are three causes of action, but, so far as the question to be considered is concerned, they do not differ. Each cause of action is an alleged indebtedness for an insurance premium. The policy was in favor of the owner of the property insured. The defendant is sought to be charged with a liability for the premium due thereon by virtue of a mortgage clause attached to and made a part of the policy. The construction of this clause determines the question of the liability of the defendant, the mortgagee, to whom the policy, with this clause forming a part of it, was delivered, and by whom it was accepted. That clause provides as follows: “Loss, if any, payable to Hiram D. Upton, mortgagee, or his assigns, as hereinafter provided; it being understood and agreed that this insurance, as to the interest of the mortgagee only therein, shall neither be invalidated by any act or neglect of the mortgagor or owner of the property ininsured, nor by the vacancy of the premises, nor by the occupation of the premises for purposes more hazardous than are permitted by the terms of this policy, provided that, in case the mortgagor or owner neglects or refuses to pay any premium
