Legal Opinion

Gartsee v. Citizens Insurance

Superior Court of Pennsylvania

Decided April 23, 1906No. Appeal, No. 15PublishedCited by 5 opinions

Appeal, No. 15, March T., 1906, by defendant, from judgment of C. P. Clinton Co., May T., 1904, No. 118, on verdict for plaintiff in case of John Gartsee, now to use of Emma Cook, v. The Citizens Insurance Company of Missouri. Assumpsit on a policy of fire insurance. Before Mayer, P. J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $691. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.

1Opinion of the Court

Opinion by

Henderson, J.,

The appellant excepts to the action of the court in giving binding instructions for the plaintiff on two grounds: (1) Because the use plaintiff did not have such a title to the property *604as entitled her to recover; (2) because proof of loss was not made as required by the terms of the policy. Gartsee was the owner of the property at the time the insurance was taken out and on April 3, 1903, he conveyed it by deed to Emma Cook, to whom the policy of insurance was also assigned with notice to, and the approval of, the defendant company. A legal title was thus shown which…

2Cases cited4 opinions

  1. Pennsylvania Fire Insurance v. DoughertySupreme Court of Pennsylvania · 1883
  2. Roe v. Dwelling House InsuranceSupreme Court of Pennsylvania · 1892
  3. Wachter v. Phœnix Assurance Co.Supreme Court of Pennsylvania · 1890
  4. Powell v. Agricultural InsuranceSuperior Court of Pennsylvania · 1896

3Cited by5 opinions

  1. St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
  2. Cara v. Newark Fire InsuranceSupreme Court of Pennsylvania · 1933
  3. McGinnis v. St. Paul Fire & Marine InsuranceSuperior Court of Pennsylvania · 1909
  4. Forester v. Teutonia Fire InsuranceSuperior Court of Pennsylvania · 1915
  5. Lapcevic v. Lebanon Mutual InsuranceSuperior Court of Pennsylvania · 1909

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