Baltis v. Dobin
New York Supreme Court
ON the 12th day of March, 1869, J. D. Murphy was the owner of a steam tug boat or vessel called the “George S. Dodge,” and on that day he executed a mortgage thereof to the plaintiff and one Joseph Baltis (who subsequently assigned to the plaintiff,) to secure $3,650, on which mortgage there remains due about $3,000 ; in which mortgage he covenanted to insure her, and keep the policies assigned to the mortgagees, and in case the said policies were not kept up,the mortgagees…
Read the full summary
ON the 12th day of March, 1869, J. D. Murphy was the owner of a steam tug boat or vessel called the “George S. Dodge,” and on that day he executed a mortgage thereof to the plaintiff and one Joseph Baltis (who subsequently assigned to the plaintiff,) to secure $3,650, on which mortgage there remains due about $3,000 ; in which mortgage he covenanted to insure her, and keep the policies assigned to the mortgagees, and in case the said policies were not kept up,the mortgagees were authorized to keep up the policies and charge the premiums to the mortgagor. On the 26th -of April, 1869, Murphy…
1Opinion of the CourtHardin, J.
Upon the trial of this action, no reason was offered by the insurance company against a recovery of the $5,000 and interest, according to the terms of the policy issued by it; and no question arose as to the rights of the defendant Frost, it being conceded that the mortgagees are entitled to recover the amount of their respective mortgages, and. to be paid the sums due thereon prior to the right of the defendant Frost. It is clear that, as between the mortgagees and Frost, the former are entitled to have their mortgages paid out of the insurance moneys before Frost is entitled to any portion…
2Cases cited8 opinions
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Cromwell v. . the Brooklyn Fire Ins. Co.New York Court of Appeals · 1870
- Warner v. Van AlstyneNew York Court of Chancery · 1831
- Frink v. Hampden InsuranceNew York Supreme Court · 1865
- Grosvenor v. Atlantic Fire InsuranceThe Superior Court of New York City · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hathaway v. Orient InsuranceNew York Court of Appeals · 1892
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Kent v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Bank of Rockville Centre Trust Co. v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1933