Legal Opinion

Seibel v. Lebanon Mutual Insurance

Supreme Court of Pennsylvania

Decided July 11, 1900No. Appeal, No. 30PublishedCited by 6 opinions

Appeal, No. 30, Jan. T., 1900, by plaintiff, from judgment of C. P. Lancaster Co., Aug. T., 1898, No. 93, on verdict for defendant, in case of Martin Seibel v. Lebanon Mutual Insurance Company. Assumpsit upon a policy of fire insurance. Before Livingston, P. J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.

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Appeal, No. 30, Jan. T., 1900, by plaintiff, from judgment of C. P. Lancaster Co., Aug. T., 1898, No. 93, on verdict for defendant, in case of Martin Seibel v. Lebanon Mutual Insurance Company. Assumpsit upon a policy of fire insurance. Before Livingston, P. J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.

1Opinion of the Court

Opinion by

Mb. Justice McCollum,

This was an action of assumpsit on a policy of fire insurance issued by defendant company for $1,500, on plaintiff’s stock of boots and shoes in his store in Lancaster, Pa., the entire stock having been destroyed by fire on March 31, 1898. Several defenses were interposed and as every one of them challenges the right of the plaintiff to recover, the decision of one against the plaintiff is conclusive and makes it unnecessary to consider the others. So, likewise, if one of these defenses must be decided against the plaintiff all the remaining specifications of…

2Cases cited3 opinions

  1. Mispelhorn v. Farmers' Fire InsuranceCourt of Appeals of Maryland · 1880
  2. Coleman v. New York Bowery Fire InsuranceSupreme Court of Pennsylvania · 1896
  3. Langan v. Royal Ins.Supreme Court of Pennsylvania · 1894

3Cited by6 opinions

  1. Butler Candy Co. v. Springfield Fire & Marine Ins.Supreme Court of Pennsylvania · 1929
  2. Weinstein v. Globe Indemnity Co.Supreme Court of Pennsylvania · 1923
  3. Seibel v. Firemen's InsuranceSuperior Court of Pennsylvania · 1904
  4. Seibel v. Firemen's InsuranceSupreme Court of Pennsylvania · 1905
  5. Kaplan v. Manufacturers & Merchants Mutual Fire InsuranceSuperior Court of Pennsylvania · 1913

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