Niagara Fire Ins. Co. v. Fitzsimmons

This bill is to foreclose an $1,800 mortgage given by Mary P. Kylar to the Irvington Building and Loan Association, July 18th, 1906, and by the association assigned to the complainant June 21st, 1907. The mortgage covered the Kylar home in the town of Irvington. The complainant issued a standard policy of fire insurance for $3,000 on the house to Mrs. Kylar as owner, payable to the building and loan association as mortgagee. The policy contained a provision that —

"Whenever this company shall pay the mortgagee [or trustee] any sum for loss or damage under this policy and shall claim that as to…