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KIMBERLEY & CARPENTER v. FIREMAN'S FUND INS. CO.

No. 5539.

78 F.2d 62 (1935)

KIMBERLEY & CARPENTER, Inc., v. FIREMAN'S FUND INS. CO. et al.

Circuit Court of Appeals, Third Circuit.

May 22, 1935.

Attorney(s) appearing for the Case

Clarence A. Southerland and Ward & Gray, all of Wilmington, Del., for appellant.

Richards, Layton & Finger, of Wilmington, Del., and Cook & Markell, of Baltimore, Md. (S. Ralph Warnken, of Baltimore, Md., and Caleb S. Layton, of Wilmington, Del., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

The question involved on this appeal is so linked with the facts of the case that it has been impossible for counsel or ourselves to state it shortly and concisely as required by Rule 24, section 2 (c), of this court. It will, for the moment, be enough to say that the question is whether, under policies of fire insurance containing standard mortgagee clauses, the defendant insurance companies, after paying the first mortgagee and succeeding...

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