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GUAR. TR. & SAFE DEP. CO. v. HOME MUT. INS. CO.

180 Pa.Super. 1 (1955)

Guarantee Trust and Safe Deposit Company v. Home Mutual Fire Insurance Company, Appellant.

Superior Court of Pennsylvania.

November 16, 1955.

Attorney(s) appearing for the Case

Carl Rice, with him Witmer & Rice, for appellant.

W. Irvine Wiest, for appellee.

Before RHODES, P.J., HIRT, ROSS, GUNTHER, WRIGHT, WOODSIDE, and ERVIN, JJ.

OPINION BY ERVIN, J., November 16, 1955:

This is an appeal by defendant insurance company from the entry of judgment on the pleadings in favor of the plaintiff, trustee of the estate of Samuel Fetterolf, deceased, mortgagee, in an action in assumpsit based on the mortgagee clause contained in two policies of fire insurance. This action was brought to recover the amount due under the mortgage from the defendant insurance...

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