Mellon v. Ohio German Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 51, April T., 1909, by-defendants, from judgment of C. P. Westmoreland Co., May T., 1907, No. 337, on verdict for plaintiffs in case of Blose & Mellon, a copartnership, v. Ohio German Fire Insurance Company. Assumpsit on a policy of fire insurance. Before Doty, P. J. The facts are stated in the opinion of the Superior Court. Defendants presented this point: -1. Under the law and all the evidence the verdict should be for the defendants.
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Appeal, No. 51, April T., 1909, by-defendants, from judgment of C. P. Westmoreland Co., May T., 1907, No. 337, on verdict for plaintiffs in case of Blose & Mellon, a copartnership, v. Ohio German Fire Insurance Company. Assumpsit on a policy of fire insurance. Before Doty, P. J. The facts are stated in the opinion of the Superior Court. Defendants presented this point: -1. Under the law and all the evidence the verdict should be for the defendants. Answer: We cannot affirm this proposition because we conceive that the case necessarily turns on the question of fact which has been submitted to…
1Opinion of the Court
Opinion by
Henderson, J.,
The controversy in this case arises over the application of a clause in the policy of insurance to the facts connected with the subject of the risk. The part of the policy referred to is in these words: “This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void .... if the subject of the insurance be a manufacturing establishment and if it be operated in whole or in part at night later than ten o’clock.” The plaintiffs were engaged in slaughtering live stock and manufacturing and curing meat products and the policy…
2Cases cited6 opinions
- Western & A. Pipe Lines v. Home Ins., Pennsylvania Court of Common Pleas, Washington County1891
- Bole v. New Hampshire Fire Ins.Supreme Court of Pennsylvania · 1893
- McKeesport Machine Co. v. Ben Franklin InsuranceSupreme Court of Pennsylvania · 1896
- Doud v. Citizens' Ins.Supreme Court of Pennsylvania · 1891
- Frick v. United Firemen's InsuranceSupreme Court of Pennsylvania · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brown v. Home InsuranceSuperior Court of Pennsylvania · 1935
- Sagransky v. Tokio Marine & Fire Insurance, Pennsylvania Court of Common Pleas, Philadelphia County1927