Springfield Fire & Marine Insurance v. Allen
New York Court of Appeals
Appeal from the judgment of the General Term of the Superior Court of Buffalo affirming a judgment at the Special Term, entered on the decision of the court.
Read the full summary
Appeal from the judgment of the General Term of the Superior Court of Buffalo affirming a judgment at the Special Term, entered on the decision of the court. This action was brought in the Superior Court in the city of Buffalo, to foreclose a mortgage on property within the city of Buffalo, given by Orlando Allen and wife to Abby G-. Williams, June 29, 1859. The mortgage contained a clause to the effect that the mortgagor should keep the buildings on the mortgaged premises insured, and the policies assigned to the mortgagee, which insurance was effected as hereafter stated. The mortgage was,…
1Opinion of the CourtAllen, J.
The parties to the policies of insurance have, by the terms of their contract, avoided some of the questions which have embarrassed the courts, and led, in some instances, to an apparent conflict of opinion, if not of decision. The rights of the mortgagees are protected against the effect of certain acts of the mortgagor in derogation of the policies, by an agreement that the policies, as to the interest of the mortgagee, shall not be invalidated by any act or neglect of the mortgagor, with the qualification, however, that if the mortgagee fail to notify the insurers of any change of…
2Cases cited6 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Kernochan v. . the New-York Bowery Fire Insurance CompanyNew York Court of Appeals · 1858
- Holbrook v. BrownMassachusetts Supreme Judicial Court · 1807
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Savage v. . Howard Insurance CompanyNew York Court of Appeals · 1873
- Mahoney v. State InsuranceSupreme Court of Iowa · 1907
- Williams v. Roger Williams InsuranceMassachusetts Supreme Judicial Court · 1871
39 more not listed; retrieve them via the Exa API.