London Assurance Corp. v. Russell
Superior Court of Pennsylvania
Appeal, No. 13, Jan. T., 1896, by defendant, from judgment of C. P. Wayne Co., Dee., T., 1893, No. 11, on verdict for plaintiff. Rice, P. J., dissents. Trespass for negligence by defendant as agent for plaintiff.
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Appeal, No. 13, Jan. T., 1896, by defendant, from judgment of C. P. Wayne Co., Dee., T., 1893, No. 11, on verdict for plaintiff. Rice, P. J., dissents. Trespass for negligence by defendant as agent for plaintiff. The declaration alleged negligence by defendant as agent for plaintiff in that he did not' use due and reasonable care, diligence and shill, promptly to carry out orders of the plaintiff to terminate and cancel a certain policy of insurance issued by the plaintiff to Joseph Atkinson on his sawmill and other property, which mill was destroyed or partly destroyed by fire April 24,…
1Opinion of the Court
Opinion by
Orlady, J.,
The defendant, as agent of the plaintiff, on September 11, 1892, placed a risk for the term of one year, upon a sawmill property of Joseph Atkinson, for the plaintiff corporation. In January following, the assurance company, by its agent, directed the defendant by the following: “Office of Henry Z. Russell, General Insurance Agent, Honesdale, Pa., January 6, 1893. Take up No. 1349331, Joseph Atkinson,” and eight other policies by number and name of assured. On April 24th *326next, the Joseph Atkinson property as described in the policy was destroyed by fire, and in settlement…
Also in this document: Dissent.
2Cases cited4 opinions
- Whitmore v. Dwelling House Ins.Supreme Court of Pennsylvania · 1892
- Jensen v. McCorkellSupreme Court of Pennsylvania · 1898
- Kraber v. Union InsuranceSupreme Court of Pennsylvania · 1889
- Wilson v. WilsonSupreme Court of Pennsylvania · 1856
3Cited by11 opinions
- Phoenix Ins. Co. v. HeathUtah Supreme Court · 1936
- McSparran v. Southern Mutual InsuranceSupreme Court of Pennsylvania · 1899
- National Masonic Accident Ass'n v. BurrNebraska Supreme Court · 1899
- Pizzi v. NardelloSuperior Court of Pennsylvania · 1903
- Whaley v. Citizens' National BankSuperior Court of Pennsylvania · 1905
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