Lopez v. Mechanics & Traders Insurance

— The pleadings and the evidence in these two cases are identical. The defendants below, defendants- in error here, are different. The plaintiff brought an action at law against the defendants to recover on fire insurance policies issued to the owner who mortgaged the property insured-to the plaintiff. The declarations allege that the plaintiff is a mortgagee from the owner of the property and that he is protected by the New York Standard Mortgage Clause. The declaration alleges the destruction of the building by fire, proofs of loss, and the nonpayment of the claim.

The defendants by separate…