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FARMERS & DEPOSITORS BANK v. COMMONWEALTH INS. CO.

226 S.W.2d 773 (1950)

312 Ky. 151

FARMERS & DEPOSITORS BANK v. COMMONWEALTH INS. CO. OF NEW YORK.

Court of Appeals of Kentucky.

February 3, 1950.

Attorney(s) appearing for the Case

Wilbur Fields, Louisville, for appellant.

Percy Brown, Jr., Ogden, Galphin & Abell, for appellee.

STANLEY, Commissioner.

This is an action by a mortgagee named as payee "as its interest may appear" in a policy insuring the owner of a motor truck, Fred Inman, against loss by its destruction in a collision. A demurrer to the petition was sustained, and the plaintiff, Farmers and Depositors Bank, appeals.

The petition sets forth the issuance of the policy to Inman, states that the plaintiff held a mortgage on the truck at the time to

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