R. Prescott & Son, Inc. v. Nye

The plaintiff entered into a contract with defendant Nye to furnish material for the construction of a building. The defendant failed to pay therefor and a notice of lien for the material was filed. Subsequently an action was brought to foreclose the hen. The building had been insured by defendant in his own name. The building burned and the remaining lands were valueless. Alleging that the defendant had agreed to insure the property for its benefit, the plaintiff obtained an order bringing in the insurance companies as parties defendant and served a supplemental summons and complaint asking…