Bumpus v. Willett

Ottaway, Co. J.

This action is brought to foreclose a mortgage upon certain premises located in Chautauqua county. There is no allegation in the complaint that the defendant is in default by reason of his failure to make any payment stipulated to be made by the terms of said mortgage. He claims a right to maintain his action upon the allegation that the defendant mortgagor has failed to comply with the terms and conditions of the mortgage by omitting to keep the buildings erected on said premises insured against loss or ‘damage by fire and assign the policy and certificate thereof to the…