Davis v. Continental Ins.
Superior Court of Pennsylvania
Appeal, No. 12, Feb. T., 1915, by defendant, from judgment of C. P. Tioga Co., Sept. T., 1913, No. 241, on verdict for plaintiff in case of Ralph Davis, doing business as Model Clothing Company v. The Continental Insurance Company. Assumpsit on a policy of fire insurance. Before Cameron, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 12, Feb. T., 1915, by defendant, from judgment of C. P. Tioga Co., Sept. T., 1913, No. 241, on verdict for plaintiff in case of Ralph Davis, doing business as Model Clothing Company v. The Continental Insurance Company. Assumpsit on a policy of fire insurance. Before Cameron, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $666.83. Errors assigned were (1-5) refusal of defendant’s points without reading them; (6, 7) in refusing to admit in evidence endorsements on the policy and matters relating to the cancellation of the…
1Opinion of the Court
Opinion by
Trexler, J.,
The principal question of fact in this case was whether or not the policy of insurance under which the plaintiff seeks, to recover a loss by fire was cancelled. The agent’s version of the affair is that he was directed by the company to cancel ..the policy, ..that he went to the insured,, and without indicating for which company he was acting, told him that he had to reduce the line of insurance held by him and that the insured, the plaintiff, told him *343that he would give him all the policies and he should select the one he wanted. The account of the transaction as given…
2Cases cited9 opinions
- Commonwealth v. McManusSupreme Court of Pennsylvania · 1891
- Kroegher v. McConway & Torley Co.Supreme Court of Pennsylvania · 1892
- Creachen v. Bromley Bros. Carpet Co.Supreme Court of Pennsylvania · 1906
- Fleming v. DixonSupreme Court of Pennsylvania · 1899
- Miller v. James Smith Woolen Machinery Co.Supreme Court of Pennsylvania · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ward v. Babbitt, Inc.Supreme Court of Pennsylvania · 1921
- McDonald v. North River InsuranceIdaho Supreme Court · 1923
- Pringle v. SmithSupreme Court of Pennsylvania · 1927
- Wertheimer v. Morris Haber B. & L. Ass'nSuperior Court of Pennsylvania · 1933