Farmers' Mutual Fire Ins. v. Barr
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1880, No. 176. Debt by John K. Barr and Hettie A. Barr, for the use of said Hettie, against the Farmers’ Mutual Fire Insurance Company of Pennsylvania, on a contract of insurance. Defendant pleaded nil debet.
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Error to the Court of Common Pleas of Lancaster county: Of May Term 1880, No. 176. Debt by John K. Barr and Hettie A. Barr, for the use of said Hettie, against the Farmers’ Mutual Fire Insurance Company of Pennsylvania, on a contract of insurance. Defendant pleaded nil debet. The material facts were these: On May 3d 1870, John K. Barr signed an application to the Farmers’ Mutual Fire insurance Company of Pennsylvania for an insurance on his property to the amount of $8800. On May 31st 1870, he paid the company $48.80 as premium for his policy, which had been issued May 6th 1870. On May 19th…
1Opinion of the CourtJustice Sterrett
In view of the facts conclusively established by the testimony in this case, the plaintiff below had no right to ignore all the terms and conditions of the policy issued in pursuance of his application, and maintain an action on the receipt of the company alone. It is not pretended that the contract of insurance was to be evidenced solely by the receipt given for the premium. On the contrary, it was distinctly understood by both parties that a policy, in the form used by the company, should be issued as the evidence of their contract.
The application of the plaintiff below, as expressed on its…
2Cited by7 opinions
- Hocking v. Howard InsuranceSupreme Court of Pennsylvania · 1889
- O'Connor v. Allemannia Fire InsuranceSuperior Court of Pennsylvania · 1937
- Tellip v. Home Life Insurance Co. of AmericaSuperior Court of Pennsylvania · 1943
- National Ins. v. Brown, Pennsylvania Court of Common Pleas, Crawford County1889
- Everett v. Niagara Ins., Pennsylvania Court of Common Pleas, Clinton County1891
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