Clarke v. Western Assurance Co.
Pennsylvania Court of Common Pleas, Alleghany County
No. 232 October Term 1891, Sup. Ct.; court below, No. 495 July Term 1890, C. P. No. 2. On June 19, 1890, Charles J. Clarke, F. C. Miller, Mary L. Crossan, Annie M. Donaldson, Kate C. Hays, Virginia C. Dilworth, Alexina C. Blair, and J. N. Donaldson, committee of W. M. Crossan, a lunatic, brought assumpsit against the Western Assurance Company, of Toronto, Canada, upon a policy of insurance against fire issued by the defendant company to the plaintiffs.
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No. 232 October Term 1891, Sup. Ct.; court below, No. 495 July Term 1890, C. P. No. 2. On June 19, 1890, Charles J. Clarke, F. C. Miller, Mary L. Crossan, Annie M. Donaldson, Kate C. Hays, Virginia C. Dilworth, Alexina C. Blair, and J. N. Donaldson, committee of W. M. Crossan, a lunatic, brought assumpsit against the Western Assurance Company, of Toronto, Canada, upon a policy of insurance against fire issued by the defendant company to the plaintiffs. Issue. • . At the trial, on May 28,1891, the following facts were shown: The plaintiffs were the owners of the hotel property in Pittsburgh…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
The plaintiffs took out a fire policy in the defendant company in the sum of §1,250 upon “ electric lamps, shades, wires, and all other electric fixtures and appurtenances,” w'hile contained in the building known as the Monongahela House, in the city of Pittsburgh. The property insured by this policy was destroyed by fire on December 5,1889, the amount of loss thereon being §2,120. This suit was brought to recover the amount of loss under the policy. Upon the trial below, the issue was narrowed down to the single question, was there a double insurance on the…
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