Kelsey v. Agricultural Insurance
New Jersey Court of Chancery
On motion to strike out bill. The bill in this case sets out, inter alia, that Clarence Kelsey was the holder of second and third mortgages upon certain premises owned by one Kupfersmith; that Samuel Weinberger now holds the first mortgage on the said premises, which said first mortgage was originally held by Charles Schlagater.
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On motion to strike out bill. The bill in this case sets out, inter alia, that Clarence Kelsey was the holder of second and third mortgages upon certain premises owned by one Kupfersmith; that Samuel Weinberger now holds the first mortgage on the said premises, which said first mortgage was originally held by Charles Schlagater. The bill contains this charge: “That on or about September 25th, 1907, your orator not having any policy of insurance to cover and protect his investment on said two mortgages, wrote said Hyman Kupfersmith requesting him to forward a policy to your orator; that your…
1Opinion of the Court
Garrison, V. C.
Counsel upon each side have argued this case at great length and have each furnished the court with voluminous briefs; but *382I do not think it would serve any good purpose for me now to enter into an extended discussion of the case, because in my view the motion to strike out should be refused, and most, if not all, of the questions which are sought to be raised by the defendant thereon should be left for final hearing. I shall, however, briefly deal with each of the points raised and indicate why I do not find that they should result in striking out the bill.
1. It is objected…
2Cases cited1 opinion
- Kupferschmidt v. Agricultural Insurance Co. of WatertownSupreme Court of New Jersey · 1910
3Cited by5 opinions
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- Liverpool & London & Globe Ins. v. CrosbyCourt of Appeals for the Sixth Circuit · 1936
- Cather v. Ocean Accident & Guarantee Corp., Ltd., of London, EnglandDistrict Court, D. Nebraska · 1950