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

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 7, 1916

StatusPublished

Cited by1 cases

This text of 156 N.Y.S. 692 (Loew v. North British & Mercantile Ins.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

Opinions

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.

Free access — add to your briefcase to read the full text and ask questions with AI