Legal Opinion
Factoring & Discount 2, Inc. v. Central Mutual Insurance
District Court, S.D. New York
Decided January 29, 1954PublishedCited by 3 opinions
1Opinion of the Court
RYAN, District Judge.
Plaintiff moves after answer for summary judgment.
Plaintiff, a resident corporation, in this suit seeks recovery as assignee of an insured mortgagee for a collision loss to a 1949 Mack motor truck owned by the mortgagor, Borough Haulage Co., Inc., payable under policy of- insurance issued by defendant, an Ohio corporation.
Jurisdiction is predicated on diversity and New York law is applicable.
The following appears undisputed by defendant, Central Mutual Insurance Company:
On January 11, 1952 Borough Haulage mortgaged the 1949 Mack truck, one of its several pieces of motor…
2Cases cited2 opinions
- Fields v. Western Millers Mutual Fire Insurance Co.New York Court of Appeals · 1943
- Youssoupoff v. WidenerNew York Court of Appeals · 1927
3Cited by3 opinions
- Reliable Marine Boiler Repair, Inc. v. Frank B. Hall & Co.District Court, S.D. New York · 1971
- Mutual Creamery Insurance v. Iowa National Mutual InsuranceDistrict Court, D. Minnesota · 1969
- Factoring & Discount No. 2, Inc. v. Central Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 1954