Trustee Building & Loan Ass'n v. Liverpool & London & Globe Insurance

Opinion by

Linn, J.,

An insurance company appeals from judgment of. $1,257 for want of a sufficient affidavit of defense in a suit by a mortgagee on a policy of fire insurance containing a union mortgagee clause, of which a copy will be found in the reporter’s statement of the case. The mortgage debt was $3,000, the fire loss was $1,257.

Of the defenses suggested the only one requiring notice arises on the averment that the owner (without mortgagee’s knowledge) also had another policy of insurance on the same premises, and that therefore the defendant could apply against the mortgagee the…