Eliot Five Cents Savings Bank v. Commercial Union Assurance Co.

Morton, G. J.

By the policy in suit, the defendant insured “ George B. Taylor, payable in case of loss to Eliot Five Cents Savings Bank, mortgagees, as interest may appear,” on a building in Boston called the Hotel Clifton, in the sum of $5000, for five years from July 1,1881. The policy is in the standard form prescribed by the Pub. Sts. o. 119, § 139, and the St. of 1881, c. 166, § 1, and contains the provision that, “if this policy shall be made payable to a mortgagee of the insured real estate, no act or default of any person other than such mortgagee, or his agents or those claiming under…