Legal Opinion

Keystone Mattress & Spring Bed Co. v. Pittsburg Underwriters

Superior Court of Pennsylvania

Decided July 10, 1902No. Appeal, No. 104PublishedCited by 5 opinions

Appeal, No. 104, April T., 1902, by' defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1899, No. 250, on verdict for plaintiff in case of Keystone Mattress and Spring Bed Company v. Pittsburg Underwriters of Pennsylvania. Assumpsit on a contract of insurance. Before Brown, J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $810.50. Defendant appealed.

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Appeal, No. 104, April T., 1902, by' defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1899, No. 250, on verdict for plaintiff in case of Keystone Mattress and Spring Bed Company v. Pittsburg Underwriters of Pennsylvania. Assumpsit on a contract of insurance. Before Brown, J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $810.50. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

W. D. Porter, J.,

The plaintiff declared upon a parol contract of insurance, alleged to have been made between his agent Lang and the authorized agent of the defendant, “that a fire risk should be and then was on the said 7th day of June taken to be and become binding from June 7,1899, at noon, until June 7,1900, at noon, and that a formal policy of insurance expressing the agreement so entered into should be issued and delivered as of June 7, 1899, as soon as the same could be prepared and formally executed ; ” and by the terms of the said agreement said insurance was to cover, in…

2Cases cited1 opinion

  1. Johnson & Co. v. Connecticut Fire Ins.Court of Appeals of Kentucky · 1886

3Cited by5 opinions

  1. Harris v. Meyers (Et Al.)Superior Court of Pennsylvania · 1947
  2. Benner v. Fire Ass'nSupreme Court of Pennsylvania · 1910
  3. Aresto v. MilieSuperior Court of Pennsylvania · 1957
  4. Rauschenberger v. Mutual Benefit Fire InsuranceSupreme Court of Pennsylvania · 1949
  5. McDowell v. Covert & JohnsonSuperior Court of Pennsylvania · 1919

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