Duda v. Home Insurance
Superior Court of Pennsylvania
Appeal, No. 53, Jan. T., 1902, by .defendant, from judgment of C. P. Luzerne Co., Oct. T., 1898, No. 52, on verdict for plaintiff in case of Simon Duda v. Home Insurance Company of New York. Assumpsit on a policy of fire insurance. Before Ferris, J. The facts are fully stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $175. Defendant appealed. Error assigned was in entering judgment for plaintiff on the point reserved.
1Opinion of the Court
Opinion by
Oblady, J.,
This action of assumpsit is brought to recover the amount of loss claimed to have been sustained by the plaintiff by reason of the destruction of, or damage to, certain personal property in a building conducted as a saloon, which he occupied under a lease “ for, during and until the full end and term of two years from April 1, 1897.” The lease contained the following provision : “ It is hereby agreed that all personal property found on the premises herein described when said Simon Duda takes possession shall be left there at the expiration of the term in as good condition…
2Cases cited5 opinions
- Western & A. Pipe Lines v. Home Ins., Pennsylvania Court of Common Pleas, Washington County1891
- Caldwell v. Fire Ass'nSupreme Court of Pennsylvania · 1896
- Philad. Tool Co. v. British Am. Assurance Co.Supreme Court of Pennsylvania · 1890
- Schroedel v. Humboldt Fire Ins.Supreme Court of Pennsylvania · 1893
- Moore v. Susquehanna Mutual Fire InsuranceSupreme Court of Pennsylvania · 1900
3Cited by10 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Kanefsky v. National Commercial Mutual Fire InsuranceSuperior Court of Pennsylvania · 1943
- King v. Lancaster County Mutual InsuranceSuperior Court of Pennsylvania · 1911
- Beddall v. Citizens InsuranceSuperior Court of Pennsylvania · 1905
- Schiavoni v. Dubuque Fire & Marine InsuranceSuperior Court of Pennsylvania · 1911
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