Goodman v. National Liberty Insurance Co. of America

Suit on a fire insurance policy of $2000 on plaintiffs ’ frame dwelling bouse in Excelsior Springs, tbe plaintiffs s'eeking not only to recover tbe amount due them on tbe policy, but also tbe penalty and attorney’s fee for an alleged vexatious delay.

There was a mortgage of $1200 on the property which was held by one, Jefferson G-abbert. The policy contained the usual mortgage clause making loss, if any, payable to said beneficiary as his interest might appear. The defense raised is not against the issuance of the policy nor against the fact of a fire, but upon the contention that a provision…