Girard Fire & Marine Insurance v. Field, Merritt & Co.
Supreme Court of Pennsylvania
ERROR to the District Court of Philadelphia. These were actions of seire facias against the garnishees in foreign attachment. On the 17th August 1858, The Girard Fire and Marine Ins. Co. issued a policy of insurance for one year to John Roth & Co. for $3000, on two saw-mills and machinery, situate in Clinton county, New York. On the 21st August 1858, they issued a policy to John Roth for one year for $2000, on a building in Utica, New York.
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ERROR to the District Court of Philadelphia. These were actions of seire facias against the garnishees in foreign attachment. On the 17th August 1858, The Girard Fire and Marine Ins. Co. issued a policy of insurance for one year to John Roth & Co. for $3000, on two saw-mills and machinery, situate in Clinton county, New York. On the 21st August 1858, they issued a policy to John Roth for one year for $2000, on a building in Utica, New York. On the 7th January 1859, one of the mills was burned, and on the 26th February 1859, the building in Utica was partially destroyed by fire. The policies…
1Opinion of the Court
The opinion of the court was delivered by
THOMPSON, J.
The same question is presented in each of these cases, and it is whether an unadjusted and unliquidated claim for a loss upon a policy of insurance against fire, is subject to attachment in the hands of the insurance company. There was another question, but it was not pressed at the argument. The District Court held the claim attachable, and the company brought these writs of error.
The objection to a recovery for such a reason seems technical in these cases, for there was no difference or dispute about the amount of the loss. It was settled…
2Cases cited1 opinion
- Boyle v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1844
3Cited by13 opinions
- Ackerman v. TobinCourt of Appeals for the Eighth Circuit · 1927
- Commonwealth v. A. B. Baxter & Co.Supreme Court of Pennsylvania · 1912
- Shaw v. BotensCourt of Appeals for the Third Circuit · 1968
- London Grove Contractors, Inc. v. J. Robert Pierson, Inc. (In Re J. Robert Pierson, Inc.)District Court, E.D. Pennsylvania · 1984
- Dunn v. Printing Corporation of AmericaDistrict Court, E.D. Pennsylvania · 1965
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