Whited v. Freystown Mutual Fire Insurance

Sheely, P. J.,

Plaintiff, a judgment creditor of S. P. Jacques, brought this action of assumpsit against defendant company upon a policy of insurance covering a property owned by Jacques, claiming for the total destruction by fire of the property in*338sured. To the policy was attached a standard mortgagee clause making the loss payable to plaintiff as “mortgagee”.

At the trial defendant admitted, either specifically or by failure to deny, most of the allegations contained in plaintiff’s statement of claim. It was then agreed by counsel that the disputed questions of fact should be submitted to the…