Farmers' & Mechanics' Insurance v. Simmons
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of covenant brought by Ovid T. Simmons and William B. Dubois against the Farmers’ and Mechanics’ Insurance Company, upon a policy of insurance against fire, dated the 12th September 1855, whereby the defendants insured the plaintiffs for the term of one year against loss or damage by fire, to the amount of $3000, on property contained in a brick building used as a steam mill, on the west side of Front street,…
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Error to the District Court of Philadelphia. This was an action of covenant brought by Ovid T. Simmons and William B. Dubois against the Farmers’ and Mechanics’ Insurance Company, upon a policy of insurance against fire, dated the 12th September 1855, whereby the defendants insured the plaintiffs for the term of one year against loss or damage by fire, to the amount of $3000, on property contained in a brick building used as a steam mill, on the west side of Front street, between Market and Plum streets, in the city of Catnden, New Jersey. The property insured was consumed by fire on the 19th…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
— It is so apparent from the whole declaration, that the amendment which the court below allowed was that of mere clerical mistake of the pleader, and that it was not intended to substitute a different cause of action, that we cannot doubt the correctness of the decision which permitted it. The policy declared upon was averred to be an insurance from the 12th day of September 1856, for one year; and the fire was alleged to have taken *302place on the 19th of May 1856, within that year. The mistake in the date seems, therefore, to have been one of…
2Cases cited2 opinions
- Moore v. Protection Ins.Supreme Judicial Court of Maine · 1848
- Tassey v. ChurchSupreme Court of Pennsylvania · 1842
3Cited by8 opinions
- Roebling's Sons Co. v. American Amusement & Construction Co.Supreme Court of Pennsylvania · 1911
- Bouchard v. Dirigo Mutual Fire InsuranceSupreme Judicial Court of Maine · 1915
- Vansciver v. ChurchillSuperior Court of Pennsylvania · 1908
- Bentley v. Lumbermen's InsuranceSupreme Court of Pennsylvania · 1899
- Blue Ridge Textile Co. v. Travelers Indemnity Co., Pennsylvania Court of Common Pleas, Northampton County1961
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