Merchants' Ins. Co. of Newark v. Brown

• Citation: 25 A. 992,77 Md. 79
• Parties: MERCHANTS' INS. CO. OF NEWARK v. BROWN et al.
• Decision Date: 19 January 1893
• Court: Court of Appeals of Maryland

25 A. 992

77 Md. 79

MERCHANTS' INS. CO. OF NEWARK

v. BROWN et al.

Court of Appeals of Maryland.

Jan. 19, 1893.

Appeal from Baltimore court of common pleas.

Action by Alexander Brown & Sons against the Merchants' Insurance Company of Newark, N. J., on a fire insurance policy. From a judgment for plaintiff, defendant appeals. Reversed.

Argued before Alvey, C. J., and Bryan, McSherry, Fowler, Page, and Roberts, JJ.

Morrison, Munnikhuyen & Bond, for appellant.

Brown & Brune, for appellees.

BRYAN, J. This case is similar to the preceding one (25 Atl. Rep. 989) in all materia'. particulars, except in one of the clauses of forfeiture contained in the policy. This clause makes the policy void, "if, with the knowledge of the insured, foreclosure proceedings be commenced, or notice given of sale of any property covered by this policy, by virtue of any mortgage or trust deed." The defendant's second prayer presents the defense that the proceedings for sale under the power contained in the mortgage showed such a notice of sale under a mortgage or trust deed as was meant by this clause of forfeiture. It was rejected by the court, and defendant excepted. The language of the policy is clear and distinct, and we must give effect to it. The prayer ought to have been granted. As the plaintiffs' cause of action is defeated by the operation of this clause, the judgment must be reversed without a new trial.