State Insurance Co. of Missouri v. Todd
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1876, No. 21. These were actions of assumpsit upon two policies of insurance against fire.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1876, No. 21. These were actions of assumpsit upon two policies of insurance against fire. The first w'as brought by J. C. Todd and M. Ritchey, upon a policy dated February 16th 1872, insuring them to the amount of $2500, on machinery, &c., contained in their mill at Paterson, New Jersey, for one year from February 12th 1872. .This policy was renewed for another year on February 13th 1873. The second action was on a policy dated October 3d 1872, insuring the same property to the extent of $1500, for one year,…
1Opinion of the CourtJustice Gordon
The defence, in the court below, was rested on two grounds: 1. That the plaintiffs had not complied with that condition in the policy which requires a detailed statement of loss to be delivered at the office of the company, within thirty days after the, happening of such loss. 2. That the policy was avoided by non-compliance with the stipulation, therein contained, inquiring a disclosure, at the time of the acceptance of the risk, of any encumbrances which might exist against the insured premises. Neither of these conditions were complied with, nor was there a waiver of either endorsed upon…
2Cited by5 opinions
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- Snowden v. Kittanning Ins.Supreme Court of Pennsylvania · 1888
- McGeary v. Leader Publishing Co.Superior Court of Pennsylvania · 1912
- Mix v. Royal InsuranceSupreme Court of Pennsylvania · 1895
- Sitler v. Spring Garden Mutual Fire InsuranceSuperior Court of Pennsylvania · 1901