NIAGARA FIRE INS. CO. v. McCORD

No. 3932.

24 F.2d 491 (1928)

NIAGARA FIRE INS. CO. v. McCORD.

Circuit Court of Appeals, Seventh Circuit.

March 1, 1928.


Attorney(s) appearing for the Case

Burke G. Slaymaker, of Indianapolis, Ind., for plaintiff in error.

Harry G. Neff, of Anderson, Ind., for defendant in error.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


PAGE, Circuit Judge.

Reversal is asked of the judgment against defendant, plaintiff in error, for the amount of a fire loss under its policy, issued to plaintiff, defendant in error.

The policy provided, among other things: "If the property * * * shall hereafter become mortgaged * * * without written consent hereon, * * * this policy shall be null and void." And also: "No one shall have power to waive any provision or condition of this policy, except such...

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