Burkhart v. Farmers' Union Ass'n
Superior Court of Pennsylvania
Appeal, No. 98, April T., 1899, by plaintiff, from judgment of C. P. Somerset Co., Sept. T., 1895, No. 167, in favor of defendant, on case tried without a jury. Opinion by Beeber, J. Rice, P. J., dissents. W. D. Porter, J., concurs in the dissent. Assumpsit.
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Appeal, No. 98, April T., 1899, by plaintiff, from judgment of C. P. Somerset Co., Sept. T., 1895, No. 167, in favor of defendant, on case tried without a jury. Opinion by Beeber, J. Rice, P. J., dissents. W. D. Porter, J., concurs in the dissent. Assumpsit. Before Longenecker, P. J. It appears from the record that the defendant is a mutual insurance company, and in section 18 of its by-laws, printed on the face of its policy, it is provided as follows : “Any property insured by this company which shall be levied on or taken in possession under any proceeding in law, or if an assignment being…
1Opinion of the Court
Opinion by
Beeber, J.,
In December, 1891, plaintiff insured his house and barn in the defendant company by a policy to run for five years. Sec-*289lion 13 of that policy is as follows: “ Any property insured by this company which shall be levied upon or taken into possession under any proceeding in law, or if on an assignment being made or any transfer of such property, this policy shall be null and void from the date of the levy, assignment or transfer.” In November of the following year the plaintiff borrowed $100 from one Miller, and gave him a note therefor, and one month later made a deed of…
2Cases cited8 opinions
- Barry v. . Hamburg-Bremen Fire Ins. Co.New York Court of Appeals · 1888
- Christy v. BrienSupreme Court of Pennsylvania · 1850
- Houser v. LamontSupreme Court of Pennsylvania · 1867
- Flory v. HouckSupreme Court of Pennsylvania · 1898
- Howard Fire Insurance v. BrunerSupreme Court of Pennsylvania · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Williams Et Ux. v. MoodhardSupreme Court of Pennsylvania · 1941
- English v. RossDistrict Court, M.D. Pennsylvania · 1905
- Lewis v. SpitlerSuperior Court of Pennsylvania · 1979
- Prospect Dye Works v. Federal InsuranceSuperior Court of Pennsylvania · 1907
- Berenato v. GazzaraSupreme Court of Pennsylvania · 1943
5 more not listed; retrieve them via the Exa API.