Hench v. Agricultural Ins.
Supreme Court of Pennsylvania
error to the court oe common pleas of perry county. No. 77 July Term 1888, Sup. Ct.; court below, No. 12 November Term 1886, C. P. On August 19, 1886, a summons in debt was issued by B. A. Hench for the use of Emanuel Toomey, in so far as his interest may appear, against the Agricultural Insurance Co., of Water-town, N. Y., to recoyer upon a policy of insurance in $3,300, of which the sum of $500 was upon personal property, the remainder upon the dwelling and farm buildings.
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error to the court oe common pleas of perry county. No. 77 July Term 1888, Sup. Ct.; court below, No. 12 November Term 1886, C. P. On August 19, 1886, a summons in debt was issued by B. A. Hench for the use of Emanuel Toomey, in so far as his interest may appear, against the Agricultural Insurance Co., of Water-town, N. Y., to recoyer upon a policy of insurance in $3,300, of which the sum of $500 was upon personal property, the remainder upon the dwelling and farm buildings. The pleadings did not appear upon the paper-books. The material facts appearing at the trial on January 21, 1888, were…
1Opinion of the Court
Opinion,
Mr. Justice Paxson ;
This case is distinctly ruled by Seybert v. Pennsylvania Mutual Fire Insurance Company, 103 Pa. 282, and same Company v. Schmidt, 119 Pa. 449, in which it was held that a covenant against incumbrances in a fire policy is broken the moment an incumbrance falls upon the property insured whether the assured has or has not actual knowledge of such hicumbrance. In the present case, as in Insurance Company v. Schmidt, the assured alleged that he had no knowledge of the entry of the judgment in question; that in point of fact the holder thereof had agreed, not to enter…
2Cases cited2 opinions
- Penn. Mut. Fire Ins. v. SchmidtSupreme Court of Pennsylvania · 1888
- Seybert's Administrators v. Pennsylvania Mutual Fire InsuranceSupreme Court of Pennsylvania · 1883
3Cited by7 opinions
- Greenlee v. North British & Mercantile InsuranceSupreme Court of Iowa · 1897
- Gerling v. Agricultural Ins.West Virginia Supreme Court · 1892
- Todd v. Quaker City Mutual Fire InsuranceSuperior Court of Pennsylvania · 1899
- Rasmussen v. NorbySupreme Court of Iowa · 1938
- Georgia Home Insurance v. SchildMississippi Supreme Court · 1895
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