Cooper v. Farmers' Mutual Fire Insurance
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an action .of covenant on a policy of insurance by William Cooper against The Farmers’ Mutual Fire Insurance Co. of Pennsylvania.
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Error to the Common Pleas of Lancaster county. This was an action .of covenant on a policy of insurance by William Cooper against The Farmers’ Mutual Fire Insurance Co. of Pennsylvania. The material facts of the case were these : — On the 1st day of November, a. d. 1861, William P. Cooper, the plaintiff, being the owner of a woollen factory and the machinery for the manufacture of cotton and woollen goods, contained therein, situate near Georgetown, in Bart township, Lancaster county, Pennsylvania, called the “ Georgetown Factory,” called on Theodore W. Herr, the agent of the defendant, at…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The first three assignments of error are of no *305practical importance, if the court was right in rejecting the proffered testimony of Theodore W. Herr, for, without that testimony, unquestionably the plaintiff has no cause of action. The defendants undertook to insure on condition that the building in which the machinery was contained, and of which it constituted a part, was free from encumbrance. By the policy it was stipulated that the representations made in the application should be a warranty on the part of the assured, and that the…
2Cases cited4 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Glendale Woolen Co. v. Protection Insurance Co.Supreme Court of Connecticut · 1851
- Kennedy v. St. Lawrence County Mutual InsuranceNew York Supreme Court · 1851
- Susquehanna Insurance v. PerrineSupreme Court of Pennsylvania · 1844
3Cited by9 opinions
- Suravitz v. Prudential InsuranceSupreme Court of Pennsylvania · 1914
- Waslee v. RossmanSupreme Court of Pennsylvania · 1911
- Bosler v. Sun Oil CompanySupreme Court of Pennsylvania · 1936
- Boyce v. Hamburg-Bremen Fire InsuranceSuperior Court of Pennsylvania · 1904
- Trachtenberg v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1946
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