Abbottsford B. & L. Ass'n v. William Penn Fire Ins.

MacNeille, J.,

We are considering first a rule for judgment for want of a sufficient affidavit of defense, and secondly plaintiff’s reply raising questions of law as to defendant’s new matter.

*435Plaintiff, mortgagee, is suing the defendant insurance company under the mortgagee clause of insurance designating the plaintiff as mortgagee and forming part of the insurance policy and made part thereof. This clause designates plaintiff as the one to whom “Loss or damage, if any, under this policy, shall be payable ... as interest may appear, and this insurance, as to the interest of the mortgagee (or…