Stuyvesant Insurance v. Reid
Supreme Court of North Carolina
Civil actioN tried on appeal from a justice’s court and upon case agreed, before Justice, J., at Spring Term, 1916, of Gastoh.
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Civil actioN tried on appeal from a justice’s court and upon case agreed, before Justice, J., at Spring Term, 1916, of Gastoh. Tbe relevant facts, as shown in the case, are as follows: 1. On or about 23 September, 1913, upon authority duly given him by the defendants, Joseph S. Wray executed a contract for the purchase of a Stieff piano, a copy of which contract is hereto attached, marked “Exhibit A.” 2. That thereupon Charles M. Stieff delivered to the defendants the piano described in said contract. 3. That the defendants paid the installments called for by said com tract except the last…
1Opinion of the Court
IIoke, J.,
after stating the case: It is well recognized that a mortgagee and mortgagor may each insure the mortgaged property for his own benefit, and where a mortgagee has taken out such insurance at his own expense, without stipulations in favor of the mortgagor or conditions of any kind imposing an obligation or duty on the mortgagee to protect the property for the mortgagor’s benefit, such mortgagee, in case of loss of the property by fire or damage thereto, is not accountable to the mortgagor for the amount collected from the insurance company, either on the debt or otherwise. Leyden v.…
2Cases cited11 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Home Insurance v. Baltimore Warehouse Co.Supreme Court of the United States · 1876
- Hanover Fire Insurance v. BohnNebraska Supreme Court · 1896
- Excelisor F. Ins. Co. v. . R. Ins. Co. of Liverp'l.New York Court of Appeals · 1873
- Lancaster v. Southern Insurance Co.Supreme Court of North Carolina · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Burgess v. TrevathanSupreme Court of North Carolina · 1952
- Batts v. . SullivanSupreme Court of North Carolina · 1921
- Le Doux v. DettmeringAppellate Court of Illinois · 1942
- Wayne National Bank v. National Bank of LaGrangeSupreme Court of North Carolina · 1929
- Employers' Fire Insurance v. British America Assurance Co.Supreme Court of North Carolina · 1963
7 more not listed; retrieve them via the Exa API.