New York Underwriters Ins. Co. v. Central Union Bank of South Carolina

PARKER, Circuit Judge.

This is an appeal from a judgment on a policy of fire insurance, in favor of an assignee of a mortgagee protected by a New York Standard Mortgage Clause. On a former appeal, 52 F.(2d) 823, 78 A. L. R. 494, we held that the rights of the mortgagee under the policy could be assigned with the mortgage debt, and that the assignee took under the assignment the right of the mortgagee to enforce the policy notwithstanding the forfeiture'of the rights of the mortgagor. On the second trial, the company insisted that thqre was a forfeiture as to the assignee because of failure to…