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WESTCHESTER FIRE INS. CO. v. HARDER

No. 5605.

77 F.2d 93 (1935)

WESTCHESTER FIRE INS. CO. v. HARDER.

Circuit Court of Appeals, Third Circuit.

March 29, 1935.

Attorney(s) appearing for the Case

Arthur T. Vanderbilt, of Newark, N. J. (Frederick W. Hall, of Newark, N. J., on the brief), for appellant.

Durand, Ivins & Carton, of Asbury Park, N. J. (J. Victor Carton, of Asbury Park, N. J., on the brief), for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

In this case the undisputed facts are as follows: On October 7, 1930, the Westchester Fire Insurance Company, hereafter called defendant, issued its policy to Benjamin B. Smith and Julia, his wife, against loss or damage by fire, on their frame building, in the sum of $10,000. On its policy defendant indorsed a mortgage clause, making loss thereon payable to the plaintiff, Emma Myrkle Harder, on her mortgage given by Smith and wife to her...

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