Schroedel v. Humboldt Fire Ins.
Supreme Court of Pennsylvania
Appeal, No. 197, Oct. T., 1893, by plaintiff, John Schroedel, for use of himself and Bertha Scbroedel, his wife, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1893, No. 309, on verdict for defendant. Assumpsit on policy of fire insurance. Before Slagle, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 197, Oct. T., 1893, by plaintiff, John Schroedel, for use of himself and Bertha Scbroedel, his wife, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1893, No. 309, on verdict for defendant. Assumpsit on policy of fire insurance. Before Slagle, J. The facts appear by the opinion of the Supreme Court. The court charged as follows: “ I am requested by the counsel for the defendant to instruct you that, under all the evidence in this case, your verdict should be for the defendant; and the reason of it is this: This policy, upon which suit is brought, and upon which plaintiff…
1Opinion of the Court
Per Curiam,
One of the stipulations contained in the contract sued on is : “ The entire policy shall be void .... if the interest of the insured be not truly stated therein ; .... or if the interest of the insured be other than unconditional and sole ownership.” The uncontradicted evidence was that the title to the property was in the plaintiff and his wife jointly. This, in the absence of any proof of fraud or mistake, as to the insertion of the stipulation above quoted, was a flat bar to plaintiff’s recovery. There was therefore no error in directing a verdict for defendant.
Judgment affirmed.
2Cited by22 opinions
- Fulbright v. Phoenix InsuranceSupreme Court of Missouri · 1931
- Porobenski v. American Alliance InsuranceSupreme Court of Pennsylvania · 1934
- Craigmile v. SorensonSupreme Court of Minnesota · 1956
- Pollock v. Connecticut Fire InsuranceIllinois Supreme Court · 1935
- Western Assurance Company v. WhiteSupreme Court of Arkansas · 1926
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