Legal Opinion

Lennox v. Greenwich Insurance

Superior Court of Pennsylvania

Decided January 18, 1899No. Appeal, No. 157PublishedCited by 1 opinion

Appeal, No. 157, April T., 1898, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. Term, 1892, No. 246, on verdict for plaintiff. Assumpsit on fire insurance policy. Before McCluhg, J. At the trial it appeared from the evidence that plaintiff owned a house in Oakdale and that his father lived in Washington, Penna., and a few days before the date of the policy sent an agent named Hughes to Oakdale to see the son about insurance.

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Appeal, No. 157, April T., 1898, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. Term, 1892, No. 246, on verdict for plaintiff. Assumpsit on fire insurance policy. Before McCluhg, J. At the trial it appeared from the evidence that plaintiff owned a house in Oakdale and that his father lived in Washington, Penna., and a few days before the date of the policy sent an agent named Hughes to Oakdale to see the son about insurance. Hughes, a life insurance agent, went to Oakdale supposing plaintiff wanted life insurance but upon arrival there found that fire insurance was desired;…

1Opinion of the Court

Opinion by

Rice, P. J.,

Upon the oral application of the plaintiff’s agent the defendant issued a policy of insurance upon (quoting from the policy) “ the following described property while located and contained as described herein, and not elsewhere, to wit: on his two story frame, tin roof dwelling situate on west side of Marion avenue, adjoining property of David A. Comstock, in Oakdale, Allegheny county, Pennsylvania.” This description was furnished by the plaintiff’s agent. The building was in fact a feed store, and was so used at the date of the policy. The policy contained the following…

2Cases cited6 opinions

  1. Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1876
  2. Dowling v. Merchants InsuranceSupreme Court of Pennsylvania · 1895
  3. Swan v. Watertown Fire Ins.Supreme Court of Pennsylvania · 1880
  4. King Brick Manufacturing Co. v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1895
  5. Somerset County Mutual Fire Insurance v. UsawSupreme Court of Pennsylvania · 1886

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Commonwealth v. Dehmey, Pennsylvania Court of Common Pleas, Dauphin County1974

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