Thornton v. Enterprise Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county: No. 279, to January Term 1872. This was a scire facias sur mortgage, issued September 21st 1868, by The Enterprise Insurance Company against Joseph D. Thornton; M. E. Coolbaugh, the terre-tenant, was on his own application permitted to appear and defend.
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Error to the Court of Common Pleas of Luzerne county: No. 279, to January Term 1872. This was a scire facias sur mortgage, issued September 21st 1868, by The Enterprise Insurance Company against Joseph D. Thornton; M. E. Coolbaugh, the terre-tenant, was on his own application permitted to appear and defend. The case was referred to A. Farnham, Esq., under the Act of April 8th 1869, relating to references, in Bradford county, with its supplements extended to Luzerne and Wayne counties, by Act of March 23d 1870. By a supplement to the last act, passed June 22d 1871 (Pamph. L. 1363), it is…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
Upon the facts found by the referee there can be no douht that the judgment below was right. He reported that the Enterprise Insurance Company distinctly refused to insure Mr. Ooolbaugh the owner, and that the policy issued to the mortgagee was intended to insure simply the mortgage-debt. On its face it was “ to indemnify C. Earle Ellis, mortgagee, for all damage or loss (not exceeding the sum or sums hereinafter recited), which may hereafter happen by reason or means of fire to the property herein described.” It might have presented a…
2Cited by10 opinions
- Borough of Dunmore v. ConradSuperior Court of Pennsylvania · 1921
- Beach v. ScrantonSuperior Court of Pennsylvania · 1904
- Finkelstein v. SpattSuperior Court of Pennsylvania · 1912
- Snyder v. Munroe, Pennsylvania Court of Common Pleas, Adams County1960
- Freystown Mutual Fire Insurance v. Whited, Pennsylvania Court of Common Pleas, Adams County1941
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