Heal v. Richmond County Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick S. Heal,. from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond, on the 7th day of December, 1907, upon the decision of the court rendered after a trial at the Richmond Special Term dismissing the complaint.
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Appeal by the plaintiff, Frederick S. Heal,. from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond, on the 7th day of December, 1907, upon the decision of the court rendered after a trial at the Richmond Special Term dismissing the complaint. In making application for a loan upon his property, plaintiff informed defendant’s secretary — to whom the application was. made — of the amount of the insurance thereon and also gave the name of the agent, as well as the company issuing the policies of insurance. He was directed by…
1Opinion of the Court
Rich, J.:
This action is to compel the defendant to deliver to plaintiff the bond and mortgage above mentioned and a certificate of satisfaction thereof.
The learned Special Term found that the plaintiff did not insure the property in a company approved by the defendant and did not assign the. policy to the defendant, and that because of his failure so to do the defendant had the right to insure the property and obligate the'plaintiff for .the payment of the'premiums; that the tender was not.sufficient because of its not including the amount of the. premium so paid and the plaintiff was not…
2Cases cited1 opinion
- Hankins v. Mayor of New YorkNew York Court of Appeals · 1876
3Cited by6 opinions
- Salgreen Realty Co. v. IvesSupreme Court of Connecticut · 1962
- Bieber v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Estate of AyvazianNew York Surrogate's Court · 1935
- Neilson v. Ella Realty Co.New York Supreme Court · 1921
- Heal v. Richmond County Savings BankAppellate Division of the Supreme Court of the State of New York · 1909
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