Concord Union Mut. F. Insurance v. Woodbury
Supreme Judicial Court of Maine
Writ op Entry, dated Feb. 27, 1856. The demandants counted on their own seizin of the demanded premises in fee and in mortgage as assignees of a mortgage given to one J. P. Morse. 'Plea, general issue and brief statement. • At Nisi \Prius, G-oodenow, J., presiding, the plaintiffs produced a' deed of mortgage of the demanded premises from defendant to-said Morse* dated Oct. 1, 1853, to secure the payment of a note of same-date for $280, payable in'one year from date, and…
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Writ op Entry, dated Feb. 27, 1856. The demandants counted on their own seizin of the demanded premises in fee and in mortgage as assignees of a mortgage given to one J. P. Morse. 'Plea, general issue and brief statement. • At Nisi \Prius, G-oodenow, J., presiding, the plaintiffs produced a' deed of mortgage of the demanded premises from defendant to-said Morse* dated Oct. 1, 1853, to secure the payment of a note of same-date for $280, payable in'one year from date, and interest* duly acknowledged and recorded, also an assignment of the same on the back thereof, from Morse to ■ plaintiffs,…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, J.
It appears that one Morse having a mortgage from the tenant to secure two hundred and eighty dollars on the premises demanded, on Oct. 5, 1853, effected an insurance thereon at the office of the plaintiffs. In his application he stated his interest to be that of a mortgagee, and the amount due upon the mortgage, and obtained insurance for five hundred dollars. In December, 1854, Morse advertised in due form, a foreclosure of his mortgage. A loss afterwards ensued, and the plaintiffs declined payment, unless Morse would assign his mortgage.…
2Cases cited4 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Russell v. Smith ex rel. PrinceTennessee Supreme Court · 1848
- Mix v. HotchkissSupreme Court of Connecticut · 1840
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- Norwich Fire Insurance v. BoomerIllinois Supreme Court · 1869
- Dick v. Franklin Fire InsuranceMissouri Court of Appeals · 1881
- Pendleton v. ElliottMichigan Supreme Court · 1887
- McDowell v. MorathMissouri Court of Appeals · 1896
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