State Insurance v. Maackens
Supreme Court of New Jersey
In error to the Supreme Court. This was an action on a policy of insurance against loss by fire, issued by the plaintiffs in error. The ease was tried at Hudson Circuit, and resulted in a verdict for the plaintiff below — Maackens. Judgment having been entered on the verdict, a writ of error was sued out, and errors assigned on the charge of the judge.
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The policy was issued to one Gustav Kethel, the owner of the premises, in the sum of $1600. Maackens held a mortgage on the property for $1200. An entry on the face of the policy, “Loss, if any, payable to Henry F. Maackens, as his interest may appear,” was signed and approved by the agent of the company. After the fire, the mortgagee purchased the mortgaged premises on a foreclosure of his mortgage. Crediting the amount realized from the sale, the balance due the mortgagee at the time -was $906.20, which was a trifle less than the value of…
2Cases cited10 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Insurance Co. v. ChaseSupreme Court of the United States · 1867
- Norwich & New York Transportation Co. v. Western Massachusetts InsuranceU.S. Circuit Court for the District of Connecticut · 1868
- Phillips v. Protection InsuranceSupreme Court of Missouri · 1851
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3Cited by1 opinion
- Bacon v. American Insurance Co.New Jersey Superior Court Appellate Division · 1974