Tri-State Mutual Grain Dealers Fire Insurance Company v. C. R. Morris, Constance B. Honaker, the Home Insurance Company and the Canadian Fire Insurance Company, C. R. Morris and Constance B. Honaker, Cross-Appellants v. The Home Insurance Company and the Canadian Fire Insurance Company

268 F.2d 956 TRI-STATE MUTUAL GRAIN DEALERS FIRE INSURANCE COMPANY, Appellant, v. C. R. MORRIS, Constance B. Honaker, The Home Insurance Company and The Canadian Fire Insurance Company, Appellees. C. R. MORRIS and Constance B. Honaker, Cross-Appellants, v. THE HOME INSURANCE COMPANY and The Canadian Fire Insurance Company, Appellees. No. 16226. United States Court of Appeals Ninth Circuit. June 29, 1959. Hindman & Davis, E. Eugene Davis, Los Angeles, Cal., for appellant. Yale, Wilson, Summers & Yale, San Diego, Cal., Thomas P. Menzies, Los Angeles, Cal., for appellees. Before CHAMBERS, BARNES and HAMLEY, Circuit Judges. CHAMBERS, Circuit Judge. 1 Morris and Honaker hold first and second mortgages 1 on a restaurant property at Lakeside, California. The restaurant burned on September 27, 1955, with a loss which is agreed to be $7,890. 2 At the time of the fire, Tri-State had outstanding on the restaurant property a policy of fire insurance in the amount of $7,000. This policy named Aubrey L. Owens and Emo T. Owens as the insured. Also outstanding at the same time on the same property was Canadian's policy dated September 20, 1955, in the amount of $6,000 and Home's policy of…