Kister v. Lebanon Mutual Ins.
Pennsylvania Court of Common Pleas, York County
No. 450 January Term 1889, Sup. Ct.; court below, No. 13 October Term 1888, C. P. On September 13, 1888, John Kister brought assumpsit against the Lebanon Mutual Insurance Company of Jonestown, Pa., upon a policy of insurance against fire issued to tbe plaintiff by the defendant company. The defendant pleaded, nonassumpsit.
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No. 450 January Term 1889, Sup. Ct.; court below, No. 13 October Term 1888, C. P. On September 13, 1888, John Kister brought assumpsit against the Lebanon Mutual Insurance Company of Jonestown, Pa., upon a policy of insurance against fire issued to tbe plaintiff by the defendant company. The defendant pleaded, nonassumpsit. At the trial on March 11,1889, the plaintiff offered in evidence the policy upon which the suit was brought, excluding from the offer a copy of the application which was upon the back of the policy and by a clause contained in the policy was made a part of it. Objected to…
1Opinion of the Court
Opinion,
Mb. Justice Clark:
That Strominger was the agent of the company in effecting this insurance, is too plain to admit of discussion. He subscribed his name to the application as agent; he made a statement of the exposures as agent, and approved the risk as agent; and all this was brought to the immediate notice of the company before the policy issued. The company forwarded the policy to him and he delivered it, lifted the premium, embraced it in a formal report to the company at the end of the month, deducting his commissions, and sent it to the special agent. He subsequently received all…
2Cases cited7 opinions
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