Hathaway v. Orient Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought by plaintiff, as assignee of a mortgage, which contained a covenant that the buildings upon the mortgaged property should be kept insured against damage by fire for the benefit of the holder of the mortgage, to recover his interest in a policy for $1,900 issued thereon by defendant, $1,200 of which was on the buildings destroyed and their…
1Opinion of the Court
Follett, Ch. J.
The mortgage held by the plaintiff contained a covenant that the buildings should be kept insured against damage by fire for the benefit of its holder. Pursuant to this covenant Breckon, the owner of the fee, procured the policy on which the action was brought, by the terms of which the defendant “ does insure T. W. Breckon.” * * * “ Loss,, if any, payable to A. B. Hathaway, as his mortgage interest may appear.” The owner of the fee and the mortgagee each had an insurable interest in the property which could have been protected by separate policies, or by a single one as they…
2Cases cited9 opinions
- Cromwell v. . the Brooklyn Fire Ins. Co.New York Court of Appeals · 1870
- Traders' Insurance v. RobertNew York Supreme Court · 1832
- Austin v. HallNew York Supreme Court · 1816
- Winne v. . Niagara Fire Ins. Co.New York Court of Appeals · 1883
- Dakin v. . Liverpool, London and Globe Insurance CompanyNew York Court of Appeals · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
- Officer v. American Eagle Fire Ins. Co.Supreme Court of Louisiana · 1932
- Collinsville Savings Society v. Boston InsuranceSupreme Court of Connecticut · 1905
- Agricultural Insurance v. Hamilton ex rel. HopkinsCourt of Appeals of Maryland · 1895
- Rent-A-Car Co. v. Globe & Rutgers Fire InsuranceCourt of Appeals of Maryland · 1930
29 more not listed; retrieve them via the Exa API.