Fidelity Phenix Fire Insurance v. Roth

This is a suit on a fire insurance policy issued by the appellant insurance company. The property insured was described as two thousand or more bushels of rice, and it was consumed or damaged by fire. The policy contains the following provision: “This entire policy, unless otherwise provided by agreement indorsed herein or added hereto, shall be void if the subject of insurance be personal property and be or become incumbered by a chattel mortgage. ’ ’

At the time of the fire there were two mortgages on the rice, one in favor of the First National Bank of DeWitt and another in favor of the…