Walls v. Merchants Fire Assurance Corp. of New York

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Pee. Cubiam.

The case is controlled by the decision in Welch v. Ins. Co., 196 N. C., 546, 146 S. E., 216. There is no allegation that the New York Standard Mortgagee Clause was fraudulently omitted from the policy issued by the Royal Insurance Company of Liverpool, nor is there any evidence of a mutual mistake, or mistake on one side and fraud on the other. The appellant’s motion to nonsuit should have been allowed.

Reversed.