Loew v. North British & Mercantile Ins.

Appellate Terms of the Supreme Court of New York

Loew v. North British & Mercantile Ins.

156 N.Y.S. 692

Appellate Terms of the Supreme Court of New York·Decided January 7, 1916·Published·Cited by 1 cases

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BIJUR, J.

The plaintiff sues for the unearned premium on an insurance policy issued by defendant to him. Plaintiff tendered the return of a certificate of insurance held by him. This certificate shows : “Loss, if any, payable to Lawyers’ Mortgage Company, mortgagee,” etc.

As the interest of the mortgagee in the policy was one which could not be affected without its consent, it should, to say the least, have been made a party to the action. Lewis v. London & Lancashire Fire Ins. Co., 78 Misc. Rep. 176, 137 N. Y. Supp. 887.

Judgment reversed, with $30 costs, and complaint dismissed, with costs.

LEHMAN, J., concurs.

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BIJUR, J.

The plaintiff sues for the unearned premium on an insurance policy issued by defendant to him. Plaintiff tendered the return of a certificate of insurance held by him. This certificate shows : “Loss, if any, payable to Lawyers’ Mortgage Company, mortgagee,” etc.

As the interest of the mortgagee in the policy was one which could not be affected without its consent, it should, to say the least, have been made a party to the action. Lewis v. London & Lancashire Fire Ins. Co., 78 Misc. Rep. 176, 137 N. Y. Supp. 887.

Judgment reversed, with $30 costs, and complaint dismissed, with costs.

LEHMAN, J., concurs.

Loew v. North British & Mercantile Ins., 156 N.Y.S. 692 (N.Y. Ct. App. 1916).

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