Yentzer v. Farmers' Mutual Insurance
Supreme Court of Pennsylvania
Appeal, No. 64, Jan. T., 1900, by defendant, from order of C. P. Lancaster Co., Oct. T., 1900, No. 22, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of JacobR. Yentzerv. Farmers’ Mutual Insurance Company of Lancaster County. Assumpsit on a policy of fire insurance. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 64, Jan. T., 1900, by defendant, from order of C. P. Lancaster Co., Oct. T., 1900, No. 22, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of JacobR. Yentzerv. Farmers’ Mutual Insurance Company of Lancaster County. Assumpsit on a policy of fire insurance. Rule for judgment for want of a sufficient affidavit of defense. The court in an opinion by Lakdis, J., entered judgment for want of a sufficient affidavit of defense for $3,200. The defendant appealed assigning this action of the court for error. The facts appear by the opinion of the…
1Opinion of the Court
Opinion by
AIr. Justice Potter,
In this case judgment was entered for the plaintiff for want of a sufficient affidavit of defense. The action was upon a policy of fire insurance, containing the following provision:
“If any person having property insured in this company, shall locate another building for the purpose, or devote any part of the one insured, to any more hazardous business, whereby the risk of the insurance shall be increased, his insurance shall be immediately void.”
It is alleged in the affidavit of defense that “ the defendant is informed and believes that, subsequent to the issue…
2Cases cited2 opinions
- Collins ex rel. Hill v. London Assurance Corp.Supreme Court of Pennsylvania · 1895
- Rife v. Lebanon Mutual InsuranceSupreme Court of Pennsylvania · 1886
3Cited by2 opinions
- St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
- Molaka v. American Fire InsuranceSuperior Court of Pennsylvania · 1905