O'Connor v. Decker
Superior Court of Pennsylvania
Appeal, No. 11, March T., 1906, by plaintiff, from judgment of C. P. Lycoming Co., Dec. T., 1904, No. 382, on verdict for garnishee in case J. J. O’Con-nor v. George A. Decker, with notice to the Lebanon Mutual Fire Insurance Company of Lebanon, Garnishee. Assumpsit on a policy of fire insurance. Before Ormerod, P. J., specially presiding. At the trial it appeared that on May 1, 1899, Geo.
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Appeal, No. 11, March T., 1906, by plaintiff, from judgment of C. P. Lycoming Co., Dec. T., 1904, No. 382, on verdict for garnishee in case J. J. O’Con-nor v. George A. Decker, with notice to the Lebanon Mutual Fire Insurance Company of Lebanon, Garnishee. Assumpsit on a policy of fire insurance. Before Ormerod, P. J., specially presiding. At the trial it appeared that on May 1, 1899, Geo. A. Decker borrowed from the firm of Linck Bros., the sum of $1,500, for which he gave them his judgment note dated May 1, 1899. The $1,500 was to be used towards the erection on said land of the building…
1Opinion of the Court
Pee Cueiam,
The-policy in question contained this condition: “This entire policy .... shall be void .... if the interest of the insured be other than unconditional and sole ownership ; or if the subject'of insurance be a building on ground not owned by the insured in fee simple.” The question for decision is, whether there can be a recovery upon the policy, notwithstanding the fact that the insured had conveyed the real estate to a third party by a deed absolute on its face, under a parol agreement that the same should be held as .collateral security for the payment of a debt and constitute a…
2Cases cited10 opinions
- Bemis v. Harborcreek Mutual Fire InsuranceSupreme Court of Pennsylvania · 1901
- Grove v. KaseSupreme Court of Pennsylvania · 1900
- Burkhart v. Farmers' Union Ass'nSuperior Court of Pennsylvania · 1899
- Sankey v. HawleySupreme Court of Pennsylvania · 1888
- Rockhill's EstateSuperior Court of Pennsylvania · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Williams Et Ux. v. MoodhardSupreme Court of Pennsylvania · 1941