Weinberger v. Agricultural Insurance

The opinion of the court was delivered by

Bergen, J.

This action was instituted jointly by Kupfersmith as owner, and Weinberger and Kelsey as mortgagees, to recover a fire loss against which the defendant had assured the plaintiffs as owner and mortgagees, the contract of the mortgagees, as alleged in the declaration being the ordinary standard mortgagee clause attached to the policy issued to the owner. To a joint declaration filed in the cause the defendant demurred upon the ground that the action could not be maintained by the plaintiffs jointly, because their right of action rested upon…