Lancashire Insurance v. Nill
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franhlin County: Of May Term 1886. No. 6. Debt by Thomas J. Nill and E. J. Nill his wife, in right of wife against The Laneanshire Insurance Company to recover the amount of a policy of lire insurance issued by said company on a woollen mill of the plaintiff. Pleas nil debet, payment, non est factum. The following are the facts of the case as they appeared on the trial.
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Error to the Court of Common Pleas of Franhlin County: Of May Term 1886. No. 6. Debt by Thomas J. Nill and E. J. Nill his wife, in right of wife against The Laneanshire Insurance Company to recover the amount of a policy of lire insurance issued by said company on a woollen mill of the plaintiff. Pleas nil debet, payment, non est factum. The following are the facts of the case as they appeared on the trial. In 1881, and prior thereto, Mrs. Nill owned a life estate in a woollen mill situated near Chambersburg, Pennsylvania. About May 1st, 1881, she authorized her husband, Thomas J. Nill, to…
1Opinion of the CourtJustice Gordon
This case is all wrong. In the very outstart, under the defendant’s plea of non est factum, it was the plaintiff’s business to prove the execution of the policy sued upon; but this was not done; nevertheless the court, notwithstanding the defendant’s objection, admitted it, and sent it to the jury with the instruction that they should treat it as the defendant’s deed if they found that it was countersigned by Brown & Beggs, and if they were also satisfied that these persons were the company’s agents. In this there was double error, for neither was the execution of the policy proved, nor the…
2Cited by8 opinions
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- Hendricks v. Continental InsuranceSuperior Court of Pennsylvania · 1935
- Faramelli v. Potomac Ins. Co., Etc.Supreme Court of Pennsylvania · 1942
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