Hanover Fire Insurance v. Alexander Brown & Sons
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. Alexander Brown and Sons brought an action against the Hanover Fire Insurance Company on a policy of insurance.
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Appeal from the Court of Common Pleas. Alexander Brown and Sons brought an action against the Hanover Fire Insurance Company on a policy of insurance. The defendant pleaded three pleas as follows: “It says for a first plea that in and by said policy of insurance in the declaration mentioned, it is among other things provided that said policy should become void and of no effect immediately upon the passing or entry of a decree of foreclosure or upon a sale under a deed of trust, or levy under an execution, or if the assured shall be adjudged a bankrupt, or if the property insured be assigned…
1Opinion of the CourtBryan, J.
■’:The passing or entry of a decree of foreclosure is one of the causes which according to the terms of the policy would make it void; and it is maintained by the defendant that the proceedings for a sale under the mortgage were equivalent to the entry of such a decree within the meaning of the policy. A mortgage is in law a conditional sale. The mortgagor in consideration of so much money sells the property to the mortgagee, upon the condition, however, that the sale is to be void, provided by a given day the mortgagor, repays the money with interest. If the mortgagor fails to repay the…
2Cases cited1 opinion
- Whiting ex rel. Sun Mutual Insurance v. Independent Mutual InsuranceCourt of Appeals of Maryland · 1860
3Cited by46 opinions
- Celina Mutual Casualty Co. v. Citizens Casualty Co.Court of Appeals of Maryland · 1950
- Plaza Corp. v. Alban Tractor Co.Court of Appeals of Maryland · 2001
- Capital City Insurance v. JonesSupreme Court of Alabama · 1900
- Hogan v. McMahonCourt of Appeals of Maryland · 1911
- Royal Insur. Co. v. DruryCourt of Appeals of Maryland · 1926
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