McGinnis v. St. Paul Fire & Marine Insurance
Superior Court of Pennsylvania
Appeal, No. 121, Oct. T., 1908, by defendant, from judgment of C. P. Potter Co., Sept. T., 1906, No. 108, on verdict for plaintiff in case of Bryan McGinnis v. St. Paul Fire & Marine Insurance Company. Assumpsit on a policy of fire insurance. The facts are stated in- the opinion of the Superior Court. The court refused binding instructions for defendant. > Verdict and judgment for plaintiff for 1655.30. Defendant appealed.
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Appeal, No. 121, Oct. T., 1908, by defendant, from judgment of C. P. Potter Co., Sept. T., 1906, No. 108, on verdict for plaintiff in case of Bryan McGinnis v. St. Paul Fire & Marine Insurance Company. Assumpsit on a policy of fire insurance. The facts are stated in- the opinion of the Superior Court. The court refused binding instructions for defendant. > Verdict and judgment for plaintiff for 1655.30. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Morrison, J.,
As this case was tried in the court below, there appears to be only a single important question for consideration here, namely, “whether a leasing of the insured premises, by the legal owner, with the consent of the assured, the equitable owner, and placing the lessee in actual possession of the premises, avoids the policy,” or, as the counsel for the defendant have stated it in the second question involved, “ Is it a question of actual possession or of possessory right?”
The plaintiff was the legal owner of the lot of ground upon which the insured building was erected,…
2Cases cited7 opinions
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- Humphreys v. Nat'l Benefit Ass'nSupreme Court of Pennsylvania · 1891
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