FIDELITY-PHENIX FIRE INS. CO. v. HAYWOOD

No. 6436.

71 F.2d 834 (1934)

FIDELITY-PHENIX FIRE INS. CO. v. HAYWOOD et al.

Circuit Court of Appeals, Sixth Circuit.

June 29, 1934.


Attorney(s) appearing for the Case

T. M. Galphin, Jr., of Louisville, Ky. (Gordon, Laurent & Ogden, of Louisville, Ky., on the brief), for appellant.

P. S. Bradford, of Columbus, Ohio (Thos. C. Fisher, of Louisville, Ky., on the brief), for appellees.

Before HICKS and SIMONS, Circuit Judges, and NEVIN, District Judge.


SIMONS, Circuit Judge.

From a judgment on a fire insurance policy jointly recovered by the appellees, the appellant insurer appeals. The appellee Haywood is the insured named in the policy, and by the standard mortgage clause attached thereto the loss was payable to "W. L. Dawson, mortgagee or trustee, as his interest may appear."

The suit was defended on the ground that the assured was not the sole and unconditional owner in fee simple of the insured property...

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