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AETNA INS. CO. v. KENNEDY TO USE OF BOGASH

No. 753.

301 U.S. 389 (1937)

57 S.Ct. 809

81 L.Ed. 1177

AETNA INSURANCE CO. v. KENNEDY TO THE USE OF BOGASH.

Supreme Court of United States.

Decided May 17, 1937.

Attorney(s) appearing for the Case

Mr. Horace M. Schell, with whom Messrs. Harry S. Ambler, Jr., and Robert T. McCracken were on the brief, for petitioners.

Mr. Harry Shapiro for respondent.

MR. JUSTICE BUTLER delivered the opinion of the Court.

Kennedy had a first mortgage, and a bank a second mortgage, on old brewery property in Pennsylvania owned by a distilling company. The bank procured from petitioners fire insurance policies covering the building. Each policy states it is understood that the insured building is under foreclosure by the bank; the premium being paid by the bank, it is agreed that, in event...

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