Prospect Dye Works v. Federal Insurance
Superior Court of Pennsylvania
Appeal, No. 225, Oct. T., 1906, by defendant, from judgment of C. P. Berks Co., Sept. T., 1905, No. 12, on verdict for plaintiff in case of Prospect Dye Works v. Federal Insurance Company. Assumpsit on a policy of fire insurance. Before Endlich, J. The facts are stated in the opinion of the Superior Court. The court give binding instructions for plaintiff. Verdict and judgment for plaintiff for 11,344.50. Defendant appealed.
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Appeal, No. 225, Oct. T., 1906, by defendant, from judgment of C. P. Berks Co., Sept. T., 1905, No. 12, on verdict for plaintiff in case of Prospect Dye Works v. Federal Insurance Company. Assumpsit on a policy of fire insurance. Before Endlich, J. The facts are stated in the opinion of the Superior Court. The court give binding instructions for plaintiff. Verdict and judgment for plaintiff for 11,344.50. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Mobbison, J.,
On December 31, 1904, Otto Reisman offered to sell to the plaintiff a factory then in the possession of the latter as Reissman’s tenant. The property was to be conveyed subject to a mortgage of $9,000 and an additional consideration of $18,000, which was to be secured by a second mortgage. It is conceded that no written contract was made,'no part of the purchase money paid and no possession taken under the agreement, until after the destruction of the property by the fire which gives rise to this suit.
Before the execution and delivery of any written contract or…
2Cases cited17 opinions
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Whitmore v. Dwelling House Ins.Supreme Court of Pennsylvania · 1892
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- Meason v. KaineSupreme Court of Pennsylvania · 1870
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