Loew v. North British & Mercantile Ins.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by William N. Loew against the North British & Mercantile Insurance Company. From a judgment after a trial by judge withouf a jury, defendant appeals. Reversed, and complaint dismissed.
1Opinion of the CourtBijur, J.
The plaintiff sues for the unearned premium on an insurance policy issued by defendant to him. Plaintiff tendered the return of a certificate of insurance held by him. This certificate shows : “Loss, if any, payable to Lawyers’ Mortgage Company, mortgagee,” etc.
As the interest of the mortgagee in the policy was one which could not be affected without its consent, it should, to say the least, have been made a party to the action. Lewis v. London & Lancashire Fire Ins. Co., 78 Misc. Rep. 176, 137 N. Y. Supp. 887.
Judgment reversed, with $30 costs, and complaint dismissed, with costs.
2Cases cited1 opinion
- Lewis v. London & Lancashire Fire InsuranceAppellate Terms of the Supreme Court of New York · 1912
3Cited by1 opinion
- Globe & Rutgers Fire Ins. v. Van Antwerp Realty Corp.Supreme Court of Alabama · 1942