Legal Opinion

Degenhardt v. Aachen & Munich Fire Insurance

Superior Court of Pennsylvania

Decided December 12, 1910No. Appeal, No. 76Published

Appeal, No. 76, April T., 1910, by defendants, from judgment of C. P. No. 4. Allegheny County, Fourth Term, 1907, No. 951, on verdict for plaintiff in case of Jacob Degenhardt, Jr., v. Aachen & Munich Fire Insurance Company. Assumpsit on a policy of fire insurance. Before Cohen, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,100. Defendants appealed.

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Appeal, No. 76, April T., 1910, by defendants, from judgment of C. P. No. 4. Allegheny County, Fourth Term, 1907, No. 951, on verdict for plaintiff in case of Jacob Degenhardt, Jr., v. Aachen & Munich Fire Insurance Company. Assumpsit on a policy of fire insurance. Before Cohen, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,100. Defendants appealed. Errors assigned were (1) refusal of binding instructions for defendants; (2) refusal of judgment for defendants n. o. v.

1Opinion of the Court

Opinion by

Beaver, J.,

This case and one by the same plaintiff against the Atlas Assurance Co., Ltd., were tried together in the court below. Verdicts and judgments were rendered and entered against both defendants. Separate appeals were taken which were argued here together, the questions involved being precisely the same, and their presentation included in the same paper-book. .

Practically a single question is raised for consideration, although presented under two assignments of error. The first assigns for error the refusal of the court to the point that “Under all the evidence, the verdict…

2Cases cited15 opinions

  1. The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
  2. Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
  3. Johnson v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1873
  4. Davis Shoe Co. v. Kittanning Ins.Supreme Court of Pennsylvania · 1890
  5. Universal Fire Insurance v. BlockSupreme Court of Pennsylvania · 1885

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