Foster v. . Van Reed
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 5 Hun, 321.) This action, was brought to foreclose a mortgage given by Jacob H. Van Reed to Philo Plank, which was assigned by Mrs. Anna Plank, executrix of Philo Plank, to the plaintiffs, who are the trustees of the London "Assurance Corporation.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 5 Hun, 321.) This action, was brought to foreclose a mortgage given by Jacob H. Van Reed to Philo Plank, which was assigned by Mrs. Anna Plank, executrix of Philo Plank, to the plaintiffs, who are the trustees of the London "Assurance Corporation. The mortgage contained the usual covenant for insurance on the part of the mortgagor, and an agreement that, in default thereof,…
1Opinion of the CourtMiller, J.
The policy of insurance issued to Mrs. Plank who held the mortgage sought to be foreclosed in this action, insured her against loss ón “ her interest as mort gagee,” in the buildings on the mortgaged premises, and . contained a clause that “ in case of loss the assured shall assign to this company an interest in said mortgage' equal to • the amount of loss paid.” The mortgage contained the usual clause for insurance by the mortgagor, and in case of default provided that the mortgagee might make" such , insurance and the premiums paid should be deemed secured by the mortgage. There can be no…
2Cases cited6 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- Kernochan v. . the New-York Bowery Fire Insurance CompanyNew York Court of Appeals · 1858
- Springfield Fire & Marine Insurance v. AllenNew York Court of Appeals · 1871
- Waring v. . LoderNew York Court of Appeals · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Fields v. Western Millers Mutual Fire Insurance Co.New York Court of Appeals · 1943
- Allen v. Watertown Fire InsuranceMassachusetts Supreme Judicial Court · 1882
- Barile v. WrightNew York Court of Appeals · 1931
- Le Doux v. DettmeringAppellate Court of Illinois · 1942
- Dick v. Franklin Fire InsuranceMissouri Court of Appeals · 1881
16 more not listed; retrieve them via the Exa API.