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

No. 266.

29 F.Supp. 135 (1939)

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

District Court, W. D. Missouri, W. D.

August 25, 1939.

Attorney(s) appearing for the Case

Hogsett, Murray, Trippe, Depping & Houts and Chester L. Smith, all of Kansas City, Mo., for plaintiffs.

William Aull, Jr., of Lexington, Mo., R. D. Johnson, of Marshall, Mo., and Clay C. Rogers, of Kansas City., Mo., for defendants.

OTIS, District Judge.

The chief question presented by the Motion to Dismiss Plaintiffs' Complaint is this: Is a fire insurance company which under a so-called "standard mortgage clause" in a policy has paid a fire loss to a mortgagee and has been "subrogated" to the rights of the mortgagee under all securities held by the mortgagee against the insured mortgagor an "assignee" within the meaning of that word in Section 41, Title 28, U.S.C., 28 U.S.C.A. § 41? It...

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