First National Bank of Pocatello v. Commercial Union Assurance Co.

T. BAILEY LEE, District Judge.

On March 30, 1921, Cora F. Snyder and her then husband, "W. C. Snyder, executed and delivered to the First National Bank of Pocatello their mortgage on certain real property situate in Power county. Incorporated in such mortgage was the express provision, “And said parties of the first part hereby agree to keep the buildings on said premises fully insured against loss by fire in some reliable insurance company, with loss, if any, payable to the party of the second part as mortgagee, as its interest may appear.”

At the time of the execution and delivery of such…