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ANTONIO DeCORSO, complainant-respondent, v. CONCORDIA FIRE INSURANCECOMPANY OF MILWAUKEE, defendant-appellant.

Defendant insurance company paid a fire loss to the mortgagee by force of a mortgagee clause in a policy issued by it on complainant mortgagor's property, and in return for the full settlement took an agreement subrogating it to the mortgagee's rights under the mortgage to the extent of the payment made. Complainant prays that he may be credited on the mortgage with the amount of the payment. Held, complainant has no remedy at law, and in filing this bill quia timet, as he is entitled to do, he presents an equitable cause of action for the court's determination.

PER CURIAM.

The order appealed from will be affirmed, for the reasons stated in the opinion filed in the court of chancery by Vice-Chancellor Bigelow. For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 14.

For reversal — None.

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DeCORSO v. CONCORDIA FIRE INS. CO
(Sep 27, 1934)