Eddy v. London Assur. Corp.
New York Supreme Court
Appeal from judgment on report of referee. Actions on insurance policies by Fred C. Eddy, receiver of the Syracuse-Sere w Company, against the London Assurance Corporation; the same plaintiff against the Liberty Insurance Company of New York City; the same against the Eire Association of Philadelphia, Pa.; the same against the Phenix Insurance Company of Hartford, Conn.; the same against the Westchester Eire Insurance Company of New York; the same against the New York Bowery…
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Appeal from judgment on report of referee. Actions on insurance policies by Fred C. Eddy, receiver of the Syracuse-Sere w Company, against the London Assurance Corporation; the same plaintiff against the Liberty Insurance Company of New York City; the same against the Eire Association of Philadelphia, Pa.; the same against the Phenix Insurance Company of Hartford, Conn.; the same against the Westchester Eire Insurance Company of New York; the same against the New York Bowery Eire Insurance Company; the same against the Williamsburgh City Fire Insurance Company; the same against the Eire…
1Opinion of the CourtMerwin, J.
The questions upon these appeals relate to the rights of the mortgagee against the insurers. The appellants claim that their right of subrogation has been impaired by the foreclosure and sale; that the mortgagee, by such sale, has put it out of his power to subrogate the insurers to the rights which he had under his securities at the time of the Are, and that, therefore, he cannot recover for the loss. By the mortgagee clause it was provided that, whenever the insurer should pay the mortgagee any sum for loss, and should claim that as to the mortgagor no liability therefor existed, the…
2Cases cited8 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Bayne v. MorrisSupreme Court of the United States · 1863
- Foster v. . Van ReedNew York Court of Appeals · 1877
- Lowell Manufacturing Co. v. Safeguard Fire InsuranceNew York Court of Appeals · 1882
- Lett v. Guardian Fire InsuranceNew York Court of Appeals · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. Curtiss Aeroplane Co.District Court, S.D. New York · 1943