National Ben Franklin Fire Insurance v. Gasparilla Realty Corp.

An action was brought on a fire insurance policy by the defendant in error to whom the policy had been assigned after the fire loss by the mortgagee to whom the policy was payable “as interest may appear subject, nevertheless, to all conditions of the policy.” The policy was issued October 31, 1924, for a period of three years. Three amended pleas were filed and a demurrer thereto was sustained. Judgment was rendered for the plaintiff and the defendant took writ of error. The errors assigned are that the court erred (1) in sustaining the demurrer to the amended pleas and (2) in rendering…