National Mut. Savings & Loan Ass'n v. Hanover Fire Ins. Co. of City of New York

BRICE, Justice.

This is an appeal from a judgment of the district court for $4,000 in favor of ap-pellee as mortgagee of certain insured property destroyed by fire, and against appellant insurance company on account of the loss under its fire insurance policy in favor of J. R. Dooley, the owner of the property burned, made payable to appellee as mortgagee as its interest might appear.

The facts necessary to a decision here, taken from the findings of the court, are substantially as follows:

On April 16, 1930, the appellant issued its fire insurance policy in favor of J. R. Dooley for $4,000…