Taylor v. Liverpool & London & Globe Ins.
Superior Court of Pennsylvania
Appeal, No. 60, Oct. T., 1916, by defendant, from judgment of O. P. Chester Co., Jan. T., 1915, No. 49, on verdict for plaintiff in case of Harry F. Taylor, Trustee in Bankruptcy for Harry Klingerman, v. Liverpool & London & Globe Insurance Co., Ltd. Assumpsit on an alleged contract of fire insurance. Before Johnson, P. J., specially presiding. The opinion of the Superior Court states tlie case. Verdict and judgment for plaintiff for $512.83. Defendant appealed.
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Appeal, No. 60, Oct. T., 1916, by defendant, from judgment of O. P. Chester Co., Jan. T., 1915, No. 49, on verdict for plaintiff in case of Harry F. Taylor, Trustee in Bankruptcy for Harry Klingerman, v. Liverpool & London & Globe Insurance Co., Ltd. Assumpsit on an alleged contract of fire insurance. Before Johnson, P. J., specially presiding. The opinion of the Superior Court states tlie case. Verdict and judgment for plaintiff for $512.83. Defendant appealed. Error assigned was in overruling defendant’s motion for judgnient n. o. v.
1Opinion of the Court
Opinion by
Head, J.,
If the plaintiff has exhibited a cause of action against the defendant, it is conceded it must rest on a contract. The plaintiff was the trustee in bankruptcy of an insolvent debtor. The latter owned certain farm property with buildings thereon. On April 13, 1914, one of these buildings was destroyed by fire following a stroke of lightning.
*304The nominal plaintiff, the trustee, suing in the name and for the benefit of the bankrupt or his estate, claims the defendant, a foreign insurance company lawfully doing business in Pennsylvania, must indemnify him against the loss to the…
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