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JEFFERIS v. LONDON ASSUR. CORPORATION

No. 5.

16 F.Supp. 590 (1936)

JEFFERIS v. LONDON ASSUR. CORPORATION.

District Court, D. Delaware.

September 28, 1936.

Attorney(s) appearing for the Case

Marguerite Dugan Bodziak, of Wilmington, Del., for plaintiff.

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

NIELDS, District Judge.

Demurrer. Assumpsit by Emmarene Jefferis, executrix of the estate of Elizabeth Mills, deceased, against the London Assurance Corporation to recover $5,000 (besides interest and fees) the full amount of a policy of fire insurance for a total loss of the dwelling house insured and destroyed. Defendant filed a plea in abatement alleging that the policy contained the Mortgagee Clause A provision and that the interest of the mortgagee exceeded the...

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