AMERICAN INSURANCE COMPANY v. PEYTON

No. 7970.

272 F.2d 58 (1959)

AMERICAN INSURANCE COMPANY, Appellant, v. Moses PEYTON and Mamie Peyton, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 17, 1959.


Attorney(s) appearing for the Case

Alexander H. Sands, Jr., Richmond, Va. (Sands, Marks & Sands, Richmond, Va., on brief), for appellant.

Martin A. Martin, Richmond, Va. (Hill, Martin & Olphin, Richmond, Va., on brief), for appellees.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and R. DORSEY WATKINS, District Judge.


SOBELOFF, Chief Judge.

The District Court, sitting without a jury, gave judgment for the plaintiffs, Moses and Mamie Peyton, in the sum of $4,000, the face amount of a fire insurance policy issued by the defendant. The policy, which described the insured building as an "owner occupied dwelling", was obtained in November, 1956, by one Frank Morgan, the mortgagee. The certificate issued to the plaintiffs as mortgagors also so described the insured property. Total destruction...

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