Hathaway v. Orient Insurance
New York Supreme Court
Appeal from judgment on report of referee. Action by Austin E. Hathaway against the Orient Insurance Company. There was judgment for plaintiff, and defendant appeals.
1Opinion of the CourtCorlett, J.
On the 1st day of June, 1879, Robert R. Treat and wife executed a mortgage to Samuel S. Rising, to secure the sum of $2,000, on two tracts of land and the undivided half of another, situate in the town of Somerset, Niagara county. The mortgage was conditioned to pay $2,000 in 10 equal annual installments of $200 each, with semi-annual interest. In the description of the first parcel, which is involved -in this action, the mortgage stated: “It being the lot on which the Novelty grist-mill now stands, containing more or less, with all the fixtures, tools, and articles kept or used upon the said…
2Cases cited11 opinions
- Tifft v. . HortonNew York Court of Appeals · 1873
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Cromwell v. . the Brooklyn Fire Ins. Co.New York Court of Appeals · 1870
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Ward v. . KilpatrickNew York Court of Appeals · 1881
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3Cited by4 opinions
- Chandos v. American Fire InsuranceWisconsin Supreme Court · 1893
- Dibblee v. MetcalfNew York Court of Common Pleas · 1895
- Neilson v. Ella Realty Co.New York Supreme Court · 1921
- Sheldon v. WickhamAppellate Division of the Supreme Court of the State of New York · 1898