First National Bank of Pocatello v. Merchants Fire Insurance Co.

232 P. 903, 40 Idaho 251, 1925 Ida. LEXIS 13

Opinion

T. BAILEY LEE, District Judge.

This case, is controlled in principle by the decision just announced in First National Bank of Pocatello v. Commercial Union Assur. Co., Ltd., of London, England, et al., ante, p. 236, 232 Pac. 899; the main difference in the facts being that the insurance policy in this case was taken out after the execution of the mortgage, and included the store building only.

Judgment and decree accordingly affirmed.

McCarthy, C. J., and Wm. E. Lee, J., concur. Budge, J., being disqualified, did not sit at the hearing nor participate in the decision. William A. Lee, J., did not sit at the hearing nor participate in the decision.