Pavano v. Western National Insurance

J ohn Guastamachio mortgaged certain restaurant equipment to the plaintiff. The defendant issued a policy to Guastamachio insuring him against loss of the equipment by fire, and naming the plaintiff as loss payee. A fire occurred which partially destroyed the property. The plaintiff sued the defendant on the policy and recovered judgment. The defendant has appealed. Proper disposal of the appeal requires consideration of but three of the contentions urged by the defendant under its assignments of error.

These facts material to our decision are undisputed: On September 3, 1948, Guastamachio…