National Mahaiwe Bank v. Hand
New York Supreme Court
Appeal from circuit court, New York county. Action by the National Mahaiwe Bank against Elizabeth T. Hand, as executrix of Allen F. Hand, deceased, for breach of covenant to insure. The complaint was dismissed on the merits, and plaintiff appeals. Reversed. For decision on former appeal, see 30 N. Y. Supp. 508, 1133.
1Opinion of the CourtFollett, J.
This action was brought to recover damages for •the breach of a covenant to insure. There is no dispute about the facts. The sole question involved is the amount of damages, if any, ■that the plaintiff is entitled to recover. The plaintiff is the owner •of the Berkshire Paper Mill, which, March 16, 1889, it leased to Allen F. Hand, the defendant’s testator, for one year from May 1, 1889, for the rent of $1,000 and all taxes assessed on the premises during the year. The lease contained this covenant:
“The said Hand is to procure at once, and keep in force, insurance on said property for the…
2Cases cited9 opinions
- Perkins v. Washington InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1825
- Dodd v. JonesMassachusetts Supreme Judicial Court · 1884
- French v. Reed & FordeSupreme Court of Pennsylvania · 1814
- Gray v. MurrayNew York Court of Chancery · 1817
- National Mahaiwe Bank v. HandNew York Supreme Court · 1894
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