Girard Fire Ins. v. Field
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. The parties on the record were as follows:— The Girard Fire and Marine Insurance Company, Garnishees of John Roth & Co., v. Field, Merrit & Co. Same v. Same. These were actions of scire facias against the garnishees in foreign attachment.
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Error to the District Court of Philadelphia. The parties on the record were as follows:— The Girard Fire and Marine Insurance Company, Garnishees of John Roth & Co., v. Field, Merrit & Co. Same v. Same. These were actions of scire facias against the garnishees in foreign attachment. In the court below a verdict was taken in each case by consent for $1,500, in favor of the plaintiffs, subject to the opinion of the court upon the following point reserved: “That an unadjusted and unliquidated claim for loss upon a .policy of insurance against fire, is not subject to attachment in the hands of…
1Opinion of the Court
Opinion of the court by
Thompson, J.
The same question is presented in each of these cases, and it is, whether an “ unadjusted or unliquidated claim for a loss upon a policy of insurance against fire, is subject to attachment in the hands of the insurance company.” There was another question, but it was not pressed at the argument. The District Court held the claim attachable, and the company brought these writs of error.
The objection to a recovery for such a reason seems technical in these cases, for there was no “ difference or dispute” about the amount of the loss. It was settled on the…
2Cases cited1 opinion
- Boyle v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1844
3Cited by1 opinion
- Den v. TaylorSupreme Court of New Jersey · 1819