Smith v. Insurance Co.
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Wyoming county. This was an action of debt by James Gr. Smith against The Cash Mutual Eire Insurance Company, on a policy of insurance dated 28d July, 1852, for one year, for $1000, upon a stock of store goods, contained in a frame building of one and a half stories, situate in Washington township, Wyoming county.
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ERROR to the Common Pleas of Wyoming county. This was an action of debt by James Gr. Smith against The Cash Mutual Eire Insurance Company, on a policy of insurance dated 28d July, 1852, for one year, for $1000, upon a stock of store goods, contained in a frame building of one and a half stories, situate in Washington township, Wyoming county. The Act of incorporation was passed on 14th April, 1851 {Acts 543). In the conditions of insurance, referred to in the policy, it was provided as follows:— 4. “ Applications for insurance must specify the construction and materials of the buildings to be…
1Opinion of the Court
The opinion of the Court was delivered in May, 1855, by
Woodwaed, J.
The familiar principle of law and morals which requires of an agent that he be found faithful to his trust, is all-sufficient to justify the ruling of the Court below.
If it should be granted that this case is distinguishable from the Susquehanna Insurance Company v. Perrine, 7 W. § Ser. 348, and that the agent acted as the representative of the company alone, and in no sort for the assured; what right, it may be asked, had the plaintiff to collude with him and obtain from the company an insurance upon false representations ?…
2Cited by3 opinions
- Sitler v. Spring Garden Mutual Fire InsuranceSuperior Court of Pennsylvania · 1901
- Puro v. Franklin Fire InsuranceSuperior Court of Pennsylvania · 1924
- Keystone Auto Club Casualty Co. v. Sell, Pennsylvania Court of Common Pleas, Montgomery County1957