The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-12-26
From the Anaheim (Cal.) Gazette. Sept. l41
Important Insurance Decision.

IF. A. Berlin, Of 5l5 California St., San Francis-
co, formerly Of Harrisonburg, Va, was attorney
for the Plaintiff :
EDITOR GAzETTE-A very important case OF
the Of
Francisco, which will undoubtedly be of great in
terest to all who are, or will hereafter become in.
insured for all cases to come hereafter. As ali
these companies have ever proven to be on the
STEALING path we think It to ye It
OF the decision by the above Court stating here
that F. A.. Berlin was the learned counsel for the
due the success OF this CASE With the belief that
Mr.. Berlin has proven himself the true and faith
fa and defender Of the
those who may find themselves imposed upon by
that huge elephant-fre insurance companies.
1B:
In the Circuit Court Of the Ninth Judicial Cir.
cult Of the United States.
In and for the District OF California.
Peter Richards, use OF Elizabeth Bittner, plain
tiff VS.. The North British and Mercantile Insur.
This case was removed from the District Court
oitae l7th Judicial District of California, in and
for the county of Los Angeles After its removal
10 tnls court the complaint was 80 amended as TO
set forth all the facts upon which the defence
lied in order that the merits OF the might be
determined upon demurrer. The defendant de-
INJURED, and the point raised upon the demurrer
was whether the following condition OF the poll
cy had been broken and therefore the policy rem
decree or foreclosure or upon sale under q deed
OF trust; or if the property insured be assigned
under any bankrupt or insolvent law, OF any
change take place in title or possession
whether by process or judicial decree, or volun-
tary transfer or conveyance; or II this policy
shall be assigned before a loss, without the con-
sent OF the company endorsed hereon
the policy shall be void'
At the time the insurance was procured the le-
gal title to the property was in Peter Richards,
but Elizabeth Btttner held mortgage upon IT,
VI this TACT the insurance company had notice.
and the policy was made payable in case OF loss 70
Elizabeth Bittner. Before the expiration OF the
term OF the policy. Elizabeth Bittner foreclosed
ner mortgage upon the property. decree was en-
tered and sale made by the Sheriff ana Eliza
beth Bittner became the purchaser
Before the expiration OF the period OF Six
months allowed to the mortgagor Tor redemption,
and during the life OF the policy, the properly
was totally destroyed by fire. A demand was MADE
upon the company for the payment OF the policy,
which was refused by the company upon tne
ground that the policy was voided by the entry
OF Inc decree OF foreclosure.
Upon the hearing OF the demurrer Judge saw
yer Justice OF the Z. 8. Supreme Court concuts
ringl overruled the demurrer upon the Rrouna
that there was an insurable interest IN the most'
gagor until the time for redemption from me
mortgage sale had passed, and that the pollcY Pc
ing payable in case OF loss to Elizabeth blttneT,
she was insured as well as the morsga8or 20
whom the policy was issued, and that tnefe1ofe
the policy was not voided by the entrY OF the az.
cree OF foreclosure in Elizabeth Hittner,