Leslie v. Firemen's Insurance of Newark

Giegerich, J

The defendant insurance company seeks by this motion to compel the plaintiff and the defendant Ludwig Baumann & Co. to elect whether they will rely upon the policy or upon the alleged adjustment set forth in the complaint. The policy is issued to the plaintiff and contains a provision that the loss, if any, shall be paid to the defendant Ludwig Baumann & Co., as mortgagee, as its interest may appear The policy is for $2,000 and the complaint contains all the elements necessary to entitle the plaintiff to recover upon the policy, and the prayer for relief, which demands judgment…