Weinberger v. Agricultural Insurance Co. of Watertown

The opinion of the court was delivered by

Bergen, J.

The declaration charges that by a policy of insurance annexed to, and made a part of, the declaration, the defendant agreed with one Hyman Kupfersmith to insure him against all’ direct loss or damage by fire, to the extent of $750, to-a certain building described in the policy. It further avers that the policy of insurance was made subject to certain stipulations and conditions contained therein, among them being an agreement by the defendant to pay the loss or damage under the said policy of insurance to one Charles Schlageter as first *203mortga…