Elkins & Co. v. Susquehanna Mutual Fire Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Philadelphia county: Of January Term 1886, No. 61. • Assumpsit by William L. Elkins, trading as William L. Elkins & Company, against the Susquehanna Mutual Fire Insurance Company of Harrisburg, P., on a policy of fire insurance issued by the defendants to tlie plaintiff. Pleas, non assumpsit, payment, set-off with leave.
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Error to the Court of Common Pleas No. 2, of Philadelphia county: Of January Term 1886, No. 61. • Assumpsit by William L. Elkins, trading as William L. Elkins & Company, against the Susquehanna Mutual Fire Insurance Company of Harrisburg, P., on a policy of fire insurance issued by the defendants to tlie plaintiff. Pleas, non assumpsit, payment, set-off with leave. The following is all the evidence in the case: Policy Susquehanna Fire Insurance Co., to William L. Elkins & Co., No. 8784, for $1,575. Dated December 10th, 1880. Expired December 1st, 1881. Offered in evidence: Execution admitted…
1Opinion of the CourtJustice Clark
The policy of fire insurance upon which this suit is brought *393contained the following express stipulation : “ This company shall not be liable by virtue of this policy or any renewal thereof, until the premium therefor be actually paid,” etc.
It was competent, however, for the company to waive this provision; they were not bound to adhere to this clause of their contract, inserted solely for their protection, if they chose to dispense with it. Whether or not the company did dispense with it, was perhaps the question in the causo ; whether there was evidence from which that fact might fairly be…
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