Legal Opinion

Southern Building & Loan Ass'n v. Pennsylvania Fire Insurance

Superior Court of Pennsylvania

Decided May 22, 1903No. Appeal, No. 48PublishedCited by 4 opinions

Appeal, No. 48, Jan. T., 1903, by defendant, from judgment of C. P. Susquehanna Co., No.v. T., 1898, No. 166, on verdict for plaintiffs in case of Southern Building & Loan Association, D. A. Carpenter and John W. Connor, Receivers. Assumpsit upon a policj’' of fire insurance. Before Searl, P. J. The facts appear by the opinion of the Superior Court.

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Appeal, No. 48, Jan. T., 1903, by defendant, from judgment of C. P. Susquehanna Co., No.v. T., 1898, No. 166, on verdict for plaintiffs in case of Southern Building & Loan Association, D. A. Carpenter and John W. Connor, Receivers. Assumpsit upon a policj’' of fire insurance. Before Searl, P. J. The facts appear by the opinion of the Superior Court. The court admitted under objection and exception the paper described as proof of loss, and referred to in the opinion of the Superior Court. [2] The court admitted under objection and exception portions of the depositions referred to in the…

1Opinion of the Court

Opinion by

Beayer, J.,

The defendant company on March 28, 1895, issued to John Nodzen its policy of insurance against loss by fire for three years, on two several dwelling houses in Lackawanna county, in the sum of $500 each. Nodzen, having borrowed money from plaintiff, had given it, January 17,1895, a mortgage upon his property, afterwards insured for $1,000. By the terms of the policy, “loss, if any, payable to the Southern Building & Loan Association of Knoxville, Tennessee, as their interest may appear.”

*93In December, 1895, Nodzen conveyed the property so insured to his wife, died in June,…

2Cases cited5 opinions

  1. Pennsylvania Fire Insurance v. DoughertySupreme Court of Pennsylvania · 1883
  2. Roe v. Dwelling House InsuranceSupreme Court of Pennsylvania · 1892
  3. Jeannette v. RoehmeSuperior Court of Pennsylvania · 1898
  4. MacGeorge v. Chemical Mfg. Co.Supreme Court of Pennsylvania · 1891
  5. Ulysses Elgin Butter Co. v. Hartford Fire InsuranceSuperior Court of Pennsylvania · 1902

3Cited by4 opinions

  1. Bowers Co. v. London Assurance Corp.Superior Court of Pennsylvania · 1926
  2. Pennsylvania Co. for Insurance on Lives & Granting Annuities v. Aachen & Munich Fire Ins.District Court, E.D. Pennsylvania · 1919
  3. Lowenstein v. McGowan, Pennsylvania Court of Common Pleas, Washington County1923
  4. Roscoe v. BrowneSuperior Court of Pennsylvania · 1908

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