Brunswick Savings Institution v. Commercial Union Insurance
Supreme Judicial Court of Maine
On report. Assumpsit on a policy of insurance for $5,000, on a house in Deering, held by them at the time of the loss, by foreclosure of a mortgage for $3,500. The house was of the admitted value of $5,000. The facts appear in the opinion. The policy shows that when it was issued, the defendants had notice that Mrs. Merrill had a mortgagor’s title, and the plaintiffs, a mortgagee’s title. Since then neither of them has done any act affecting the title.
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On report. Assumpsit on a policy of insurance for $5,000, on a house in Deering, held by them at the time of the loss, by foreclosure of a mortgage for $3,500. The house was of the admitted value of $5,000. The facts appear in the opinion. The policy shows that when it was issued, the defendants had notice that Mrs. Merrill had a mortgagor’s title, and the plaintiffs, a mortgagee’s title. Since then neither of them has done any act affecting the title. The equity of redemption expired by lapse of time. If the right of redemption had not expired before the loss occurred, the defendants would…
1Opinion of the CourtLibbey, J.
On the 11th day of September, 1874, Sophia B. Merrill was insured in the Narraganset Insurance Company in the sum of five thousand dollars on her dwelling house, and on that day surrendered her policy and in lieu thereof took the one in suit, which was a reinsurance procured by the Narraganset Insurance Company. She had before that time mortgaged the house to the plaintiffs to secure the payment of thirty-five hundred dollars. The condition of the mortgage had been broken, and the plaintiffs had commenced proceedings for foreclosure, but the defendant had no knowledge thereof. The foreclosure…
2Cases cited7 opinions
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Franklin Savings Institution v. Central Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- Bates v. Equitable InsuranceSupreme Court of the United States · 1870
- City Five Cents Savings Bank v. Pennsylvania Fire InsuranceMassachusetts Supreme Judicial Court · 1877
- Foote v. Hartford Fire InsuranceMassachusetts Supreme Judicial Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Atlas Reduction Co. v. New Zealand Ins.Court of Appeals for the Eighth Circuit · 1905
- Delaware Ins. v. GreerCourt of Appeals for the Eighth Circuit · 1903
- Chandos v. American Fire InsuranceWisconsin Supreme Court · 1893
- Royal Insur. Co. v. DruryCourt of Appeals of Maryland · 1926
- Brecht v. Law, Union & Crown Ins.Court of Appeals for the Ninth Circuit · 1908
6 more not listed; retrieve them via the Exa API.