Andrello v. Nationwide Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Bastow, J. P.
This appeal presents the issue of priority rights between interpleaded defendants — the appellant, United States of America (Government) and respondents, Hoerle and Kowalsky,— to the proceeds of a fund ($8,500) on deposit in court.
On March 15, 1962 plaintiff (Andrello) in the basic action resided in Oneida County and owned realty in Herkimer County. On that date Andrello executed and delivered to respondents a second mortgage on the realty to secure payment of a stated sum. The instrument, contained the statutory language (Real Property Law, § 254, subd. 4) that the owner…
2Cases cited8 opinions
- Aquilino v. United StatesSupreme Court of the United States · 1960
- Brewster v. GageSupreme Court of the United States · 1930
- United States v. Magnolia Petroleum Co.Supreme Court of the United States · 1928
- Moncrief v. . RossNew York Court of Appeals · 1872
- Fields v. Western Millers Mutual Fire Insurance Co.New York Court of Appeals · 1943
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jonathan Paskow, as Trustee v. Calvert Fire Insurance Company, United States of AmericaCourt of Appeals for the Fifth Circuit · 1978
- Kintzel v. Wheatland Mutual Insurance Ass'nSupreme Court of Iowa · 1973
- Wisnouse v. TelseyDistrict Court, S.D. New York · 1973
- Tette v. Marine Midland BankAppellate Division of the Supreme Court of the State of New York · 1981
- PPG Industries, Inc. v. Hartford Fire Insurance Co.District Court, S.D. New York · 1974
5 more not listed; retrieve them via the Exa API.