Dunlop v. . Avery
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made March 21, 1881, which affirmed a judgment in favor -of plaintiff, entered upon the report of a referee. (Reported below, 23 Hun, 509.) This action was brought to foreclose a mortgage to secure $2,000, executed December 1, 1870, by defendants Chapman W. Avery and wife upon certain premises situate in the village of Jamesville, Onondaga county.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made March 21, 1881, which affirmed a judgment in favor -of plaintiff, entered upon the report of a referee. (Reported below, 23 Hun, 509.) This action was brought to foreclose a mortgage to secure $2,000, executed December 1, 1870, by defendants Chapman W. Avery and wife upon certain premises situate in the village of Jamesville, Onondaga county. The mortgage contained a covenant on the part of Avery to keep the buildings upon the premises insured for $2,000, loss, if any,…
1Opinion of the CourtMilleb, J.
The first mortgage executed to the plaintiff as well as the one afterward executed to the defendant Egbert I. Avery, each contained a covenant to keep the buildings upon the premises insured, and that the loss, if any, should be paid to the several mortgagees. In the policy first taken for $2,000, the loss was made payable to the plaintiff. Subsequently another policy was issued for $3,000, without being made payable to the plaintiff, and after this a mortgage was executed to the defendant Egbert I. Avery, and a new policy was issued for the same amount, and the loss made payable to Egbert I.…
2Cases cited6 opinions
- Cromwell v. . the Brooklyn Fire Ins. Co.New York Court of Appeals · 1870
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
- Grimstone v. CarterNew York Court of Chancery · 1831
- Gillig v. . MaassNew York Court of Appeals · 1863
- Carter v. RockettNew York Court of Chancery · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hart v. Socony-Vacuum Oil Co.New York Court of Appeals · 1943
- Reid v. . McCrumNew York Court of Appeals · 1883
- Walter Connally Co. v. HopkinsCourt of Appeals of Texas · 1917
- Hyde v. Hartford Fire InsuranceNebraska Supreme Court · 1903
- Huey Philp v. Ewell, AdministratorCourt of Appeals of Texas · 1900
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