Tierney v. Home Title Insurance

Taylor, J.:

This action was submitted to the court without a jury for decision upon stipulated' facts and affidavits as to valuation. The action is for money had and received. Plaintiff purchased certain premises, subject to a mortgage for $2,800 held by a dummy for the defendant. The premises were insured against fire in favor of the plaintiff. The policy contained the usual mortgagee clause. The mortgage was foreclosed. Between the time of entry of the order and the time of • sale pursuant thereto the buildings on the premises were damaged by fire.

At the time of the sale, against the…