DIETRICH, Circuit Judge.
On February 5, 1928, a building on which appellant carried insurance, known as the Occidental Hotel, in the city of Hayward, Cal., was partially destroyed by fire. To the policy was attached a rider, commonly referred to as a "mortgagee clause," making the loss, if any, payable to the mortgagee as his interest might appear. Appellee, the holder of the first mortgage, brought this action to recover the damage he had sustained from the destruction...
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