Moore v. Hanover Fire Insurance
New York Supreme Court
Appeal from special term, Dutchess county. Action by Philip H. Moore and Philip J. Ackert, as executors ■of the will of Barbara G. Rikert, deceased, against the Hanover Fire Insurance Company of the city of New York, and Maggie P. C. Smith, to recover on a policy of fire insurance. The policy was issued by defendant insurance company to defendant Smith to the amount of $2,000; loss, if any, payable to plaintiffs’ testatrix, as mortgagee of the insured premises.
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Appeal from special term, Dutchess county. Action by Philip H. Moore and Philip J. Ackert, as executors ■of the will of Barbara G. Rikert, deceased, against the Hanover Fire Insurance Company of the city of New York, and Maggie P. C. Smith, to recover on a policy of fire insurance. The policy was issued by defendant insurance company to defendant Smith to the amount of $2,000; loss, if any, payable to plaintiffs’ testatrix, as mortgagee of the insured premises. From a judgment in favor of plaintiffs the insurance company appeals.
1Opinion of the CourtPratt, J.
The plaintiffs, Moore et al, auditors of the insured' premises, sue on defendant’s policy of fire insurance, issued to-Smith, covering, among other things, a dwelling house on the mortgaged premises,—$1,500; loss, if ' any, payable to .the mortgagee. The policy contained a condition that (unless otherwise provided by agreement indorsed on the policy) it should be void “if, with the knowledge of the assured, foreclosure proceedings be commenced or notice of salé of any property covered by the policy by virtue of any mortgage or trust deed.” If any fire occurred the assured was to give…
2Cited by4 opinions
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