Mitchell v. Lycoming Mutual Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Indiana county, in which this was an action of covenant on a policy of insurance by John Mitchell and William C. Boyle, to the use of David Ellis and Conrad Hoffman, against the Lycoming Mutual Insurance Company. The case was tried before, and resulted in a verdict for the plaintiffs, but the judgment was reversed by the Supreme Court (12 Wright 367) and a new trial awarded.
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Error to the Court of Common Pleas of Indiana county, in which this was an action of covenant on a policy of insurance by John Mitchell and William C. Boyle, to the use of David Ellis and Conrad Hoffman, against the Lycoming Mutual Insurance Company. The case was tried before, and resulted in a verdict for the plaintiffs, but the judgment was reversed by the Supreme Court (12 Wright 367) and a new trial awarded. The policy was issued December 10th 1855 to Mitchell & Boyle, the then owners of the premises; the property was insured for $5000, and was described as “ a new frame steam-power…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
We 'agree with the learned judge in the court below that this policy was only upon the mill, machinery, engine and fixtures, excluding the flour, barrels, &c., and the valuation therefore was $11,810. We also concur with him, that a breach of the covenant not to insure beyond two-thirds of the estimated value, was a forfeiture of the policy. This was .our judgment when this case was here before (12 Wright 368), and the point had been decided in Lycoming Ins. Co. v. Slockbower, 2 Casey 199. We see no reason to retract. Good faith is the…
2Cited by15 opinions
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- McKeever, Cook & Co. v. Canonsburg Iron Co.Supreme Court of Pennsylvania · 1890
- Graham v. American Eagle Fire Ins. Co. Of New YorkCourt of Appeals for the Fourth Circuit · 1950
- Russell v. Farmers Mutual Fire InsuranceSupreme Court of Pennsylvania · 1922
- Hunter v. United States Fidelity & Guaranty Co.Supreme Court of Florida · 1956
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