NATIONAL-BEN FRANKLIN FIRE INS. CO. v. HAUGHTON

No. 5650.

36 F.2d 225 (1929)

NATIONAL-BEN FRANKLIN FIRE INS. CO. OF PITTSBURGH, PA., v. HAUGHTON et al.

Circuit Court of Appeals, Fifth Circuit.

November 27, 1929.


Attorney(s) appearing for the Case

William H. Shook and R. W. Mayo, both of Dallas, Tex. (Smithdeal, Shook, Spence & Bowyer, of Dallas, Tex., on the brief), for appellant.

Thomas W. Davidson, of Dallas, Tex., for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

This was an action at law on a fire insurance policy brought by B. E. Haughton, who alleged that he was owner of the property insured at the time it was damaged by fire, subject to a mortgage held by The Praetorians. Attached to the policy was a clause which provided that loss or damage should be paid to The Praetorians as mortgagee, and that their interest should not be affected by any subsequent change of title. It was undisputed that a fire...

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