ROYLANCE v. CITIZENS SAVINGS BANK

No. 19708.

366 P.2d 557 (1961)

Charles Kent ROYLANCE and Other Underwriters at Lloyd's Subscribing Policy No. 6572 Designated as "Underwriters at Lloyd's London, also known as Lloyd's Underwriters' Fire and Non-Marine Association", Plaintiffs in Error, v. CITIZENS SAVINGS BANK, a State Bank, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied December 18, 1961.


Attorney(s) appearing for the Case

Weller, Friedrich & Hickisch, William H. Hazlitt, Denver, for plaintiffs in error.

Enos, Buchler & Deisch, Denver, for defendant in error.


MOORE, Justice.

We will refer to the parties as follows: plaintiffs in error as Underwriters, and defendant in error as the bank. The action was commenced by the bank upon a claim for money allegedly due under a mortgagee's "loss payable" clause of an insurance policy issued by Underwriters.

It was alleged in the complaint that on July 16, 1958, Ferd P. Kline owned a 1955 Mack Diesel Tractor and that on August 20, 1958, plaintiff had a chattel mortgage on...

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