mortgage clause (North Carolina) · Go Syfert
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mortgage clause in North Carolina

7 North Carolina opinions name it 2 courts 1880–1998 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Pittsburgh National Bank v. Motorists Mutual Insurancegreen
ohioctapp · 1993 · cited in 1 North Carolina opinions naming this issue, 1998–1998
1 sentence

1998Bank v. Motorists Mut., 621 N.E.2d 875, 876 (Ohio Ct. App. 1993), the Ohio Court of Appeals held that the following loss payable clause constituted a standard mortgage clause: LOSS PAYABLE CLAUSE.

11
Gouldin Ex Rel. Wiley v. Inter-Ocean Insurancegreen
nc · 1958 · cited in 1 North Carolina opinions naming this issue, 1959–1959
2 sentences

1959See Gouldin v. Insurance Co., 248 N.C. 161 , 102 S.E. 2d 846 ; Appleman, Insurance Law and Procedure, Volume 16, sections 9361 and 9365; 29 Am.

1959See Gouldin v. Insurance Co., 248 N.C. 161 , 102 S.E. 2d 846 ; Appleman, Insurance Law and Procedure, Volume 16, sections 9361 and 9365; 29 Am.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Green v. Fidelity-Phenix Fire Insurance green
nc · 1951
2 sentences

1982Green v. Insurance Co., 233 N.C. 321 , 64 S.E. 2d 162 (1951).

1982Green v. Insurance Co., 233 N.C. 321 , 64 S.E. 2d 162 (1951).

11982–1982
Sun Insurance Office v. Varble neutral
kyctapp · 1898
1 sentence

1924Co. v. Varable , 103 Ky. 758 , a similar conclusion was reached, the Court holding the provision that the interest of the mortgagee should not be invalidated by any act or neglect of the owner or mortgagor of the property insured was limited by the stipulation that the insurer should not be liable for a greater portion of any loss or damage sustained than the sum insured bore to the whole amount of insurance on the property, "issued to or held by any party or parties having an insurable interest therein." Hence, it was held that a policy insuring the mortgagee's interest should prorate with ot

11924–1924
Syndicate Ins. v. Bohn green
ca8 · 1894
1 sentence

1924Co. v. Bohn, 65 Fed., 165 , the Circuit Court of Appeals, Eighth Circuit, in holding a policy void as to the mortgagor, or owner, because of misrepresentation in regard to the sole and unconditional ownership of the property, and valid as to the mortgagee, under the standard mortgage clause, speaking through Judge Sanborn, said: “Our conclusion is that the effect of the union mortgage clause, when *752 attached to a policy of insurance running to the mortgagor, is to make a new and separate contract between the mortgagee and the insurance company, and to effect a separate insurance of the inte

11924–1924
Eddy v. London Assurance Corp. green
ny · 1894
1 sentence

1924Corp., supra. But we are of opinion that the present policy should prorate with the one issued by the Atlas Company, each policy containing, as it does, a standard mortgage clause in favor of the Federal Land Bank of Columbia as its interest may appear.

11924–1924
Dunham v. Cincinnati, P., & CR Co. green
scotus · 1864
1 sentence

1880Pennoc v. Coe, 23 How., (U. S.) 128; Dunham v. Railway Co., 1 Wall., 254 ; Robinson v. Ezzell, 72 N. C., 231 .

11880–1880
Butt v. Ellett green
scotus · 1874
1 sentence

1880In Butt v. Ellett, 19 Wall., 544 , the supreme court of the United-States declared that while the mortgage clause in the instrument “could not operate as a mortgage because the crops to which it relates were not then in existence, when, the crops grew the lien attached and bound them effectually from that time.” And the doctrine has been car *79 ried so far as to hold the future acquired property of a railroad company embraced in a grant of “all present and future tobe acquired property ” of the corporation, incident to the use of the road.

11880–1880
Robinson, Probate Judge v. . Ezzell, Register neutral
nc · 1875
1 sentence

1880Pennoc v. Coe, 23 How., (U. S.) 128; Dunham v. Railway Co., 1 Wall., 254 ; Robinson v. Ezzell, 72 N. C., 231 .

11880–1880

Where else courts name it

LA 55 (1905–2026) NY 40 (1830–2024) CT 28 (1917–2021) KS 25 (1897–2012) FL 22 (1929–2024) IL 21 (1881–2022) CA 19 (1865–2024) MO 19 (1902–2007) MI 19 (1898–2022) PA 18 (1920–2002) AL 17 (1885–2012) MN 17 (1981–2017) OK 15 (1914–2017) AR 13 (1919–2016) GA 13 (1878–2024) IA 12 (1886–1940) IN 12 (1878–2017) OR 11 (1892–1985) TN 10 (1932–2009) MD 9 (1875–2023) MS 9 (1909–1994) OH 9 (1896–2025) WA 8 (1919–2025) TX 8 (1877–2016) KY 8 (1930–2003) WV 7 (1928–1997) NC 7 (1880–1998) MA 7 (1926–2020) NE 6 (1897–1964) ME 6 (1881–2024) NJ 6 (1930–2005) RI 6 (1895–2025) SD 5 (1913–1982) CO 5 (1902–1985) SC 4 (1926–2013) MT 4 (1929–1959) NM 4 (1925–1963) ND 3 (1933–2008) WI 3 (1979–2013) AZ 3 (1931–2023) WY 2 (1923–1934) HI 2 (1998–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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