Whitehead v. Wilson Knitting Mills

Stacy, 0. J.,

after stating the case: The appeal presents, for the first time in this jurisdiction, the question as to whether the clause, "Provided, that in case the mortgagor or owner shall neglect to pay any premium, due under this policy, the mortgagee (or trustee) shall, on demand, pay the same,” incorporated in the New York standard mortgage clause, attached to each of the policies, for the unpaid premium on which it is sought to hold the defendant liable, is to be construed as a covenant on the part of the mortgagee to pay any premium, neglected or omitted to be paid by the owner or…