Capital Bldg. Loan Ass'n v. Northern Ins. Co. of N.Y.

This is a suit by a mortgage creditor of the insured to recover the face value of a fire insurance policy amounting to $2,400, together with the statutory penalty of 12 per cent, and $500 attorney fees.

The defense is that the policy was void at and before the fire which destroyed the in sured property, both as to the insured and the mortgage creditor — as to the insured because he was not the unconditional owner of the property at the time of the fire, and as to the creditor because it had failed to notify the insurance company of the change of ownership as it was required to do under the…