Miller v. Gibbs
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, A. R. Gibbs, as receiver of the Sidney Glass Works, a dissolved corporation, from a portion of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk'of the county of Delaware on the 27th day of May, ( 1904, upon the decision of the court rendered after a . trial at the ■ Delaware Special Term.
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Appeal by the defendant, A. R. Gibbs, as receiver of the Sidney Glass Works, a dissolved corporation, from a portion of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk'of the county of Delaware on the 27th day of May, ( 1904, upon the decision of the court rendered after a . trial at the ■ Delaware Special Term. On the 7th day of, November, 1891, one Burrows gave to one Angelí a bond, conditioned for the payment of $5,000 and interest, and as collateral security for the payment of said bond lie, gave- a mortgage on certain real property therein…
1Opinion of the Court
.Chase, J.:
Apart from any agreement relating thereto the. owner of the mortgaged property and the mortgagee each had an insurable interest in, and could have insured the mortgaged property for his individual' benefit. The mortgagee could have taken such. insurance on- any or all of the property covered by the mortgage.- ' At the timé the policies mentioned were given, the owner of the property was not bound -by any personal covenant to insure for the benefit of the mortgagee, and the mortgagee did not. obtain insurance on any of the property either by the authority contained in the mortgage…
2Cases cited2 opinions
- Fitzgerald v. Atlanta Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Bigler v. New York Central InsuranceNew York Supreme Court · 1855
3Cited by1 opinion
- Employers'liability Assur. Corp. v. Royals Farm Sup., Inc.District Court of Appeal of Florida · 1966