Reid v. . McCrum
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 9,1882, which affirmed, so far as appealed from, a judgment, entered upon a decision of the court on trial at Special Term. . , This action was brought to foreclose a mortgage executed by defendants David Donald and Hamilton Waddell.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 9,1882, which affirmed, so far as appealed from, a judgment, entered upon a decision of the court on trial at Special Term. . , This action was brought to foreclose a mortgage executed by defendants David Donald and Hamilton Waddell. Subsequent to the giving of the mortgage, the mortgagors conveyed the premises, and the title was, at the time of the commencement of the action, in defendant Hugh McOrum, who claimed under various mesne conveyances, all of which were in…
1Opinion of the CourtMiller, J.
In the case of Dunlop v. Avery (89 N. Y. 592), it was held that a covenant to insure contained in a mortgage was not a covenant running with the land; that it was entirely personal in its character and did not affect the land and was collateral and incidental to the remaining covenants in the mortgage. That decision is a complete answer to the claim made by the appellant’s counsel, that the covenant to insure contained in the mortgage in this case runs with the land, and the question must be regarded as res adjudícala, unless some reason exists why the case cited should not be followed and…
2Cases cited1 opinion
- Dunlop v. . AveryNew York Court of Appeals · 1882
3Cited by15 opinions
- Miller v. . ClaryNew York Court of Appeals · 1913
- Hart v. Socony-Vacuum Oil Co.New York Court of Appeals · 1943
- Huey Philp v. Ewell, AdministratorCourt of Appeals of Texas · 1900
- Colburn's Appeal From ProbateSupreme Court of Connecticut · 1902
- Elliott v. Merchants & Bankers Fire InsuranceSupreme Court of Iowa · 1899
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