Westchester Fire Ins. v. Harder

BUFFINGTON, Circuit Judge.

In this case the undisputed facts are as follows: On October 7, 1930, the Westchester Fire Insurance Company, hereafter called defendant, issued its policy to Benjamin B. Smith and Julia, his wife, against loss or damage by fire, on their frame building, in the sum of $10,000. On its policy defendant indorsed a mortgage clause, making loss thereon payable to the plaintiff, Emma Myrkle Harder, on her mortgage given by Smith and wife to her. Subsequently the mortgagors defaulted on the mortgage and foreclosure was determined on. Thereupon Smith, to avoid publicity on…