Carter v. Rockett
New York Court of Chancery
This was an application to dissolve an injunction restraining thá defendant Rockett from receiving, and the insurance company from paying, the amount due the former upon a policy of insurance, on a house in Westchester county which had been destroyed by fire.
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This was an application to dissolve an injunction restraining thá defendant Rockett from receiving, and the insurance company from paying, the amount due the former upon a policy of insurance, on a house in Westchester county which had been destroyed by fire. It appeared by the complainant’s bill, that in 1836, he purchased the farm on which this house was situated, and gave two mortgages, of six thousand and five thousand dollars, for the purchase money $ the first payable in May, 1840, and the last in 1844. He afterwards sold to Rockett twenty acres of the farm, including the house, and…
1Opinion of the Court
The Chancellor.
From the statements in this bill, the complainant is in the situation of a mortgagee of the premises upon which Rockett effected his insurance ; or rather, he is in the situation of a surety that Rockett shall pay $5000 to the assignee of one of the mortgages. He has therefore an interest in having that mortgage paid off and if the holder of the mortgage upon the insured premises has a specific lien upon the fund due upon the policy, this complainant would probably be entitled to the relief asked, had he made the holder of the mortgage a party to the suit. I am satisfied,…
2Cited by27 opinions
- Cromwell v. . the Brooklyn Fire Ins. Co.New York Court of Appeals · 1870
- Herkimer v. . RiceNew York Court of Appeals · 1863
- Nordyke & Marmon Co. v. GeryIndiana Supreme Court · 1887
- Wyman v. . WymanNew York Court of Appeals · 1863
- Ames v. RichardsonSupreme Court of Minnesota · 1882
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