Concordia Fire Ins. Co. of Milwaukee v. Commercial Bank of Liberty

GARDNER, Circuit Judge.

This is an action brought by the Commercial Bank of Liberty, Mo., to recover upon a policy of fire insurance whieh the appellant, Concordia Fire Insurance Company, issued to E. D. Moore, in the amount of $5,000, covering a two-story brick dwelling. The parties will be referred to as they appeared in the lower court. There was attached to the policy a National Board standard mortgage clause, which, in part, reads as follows:

“Loss, if any, payable to Commercial Bank or assigns, as mortgagee (or trustee) as such interest may appear.

“This policy, as to the interest therein…