Ebensburg Building & Loan Ass'n v. Westchester Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 178, April T., 1905, by defendant, from order of C. P. Cambria Co., Sept. T., 1904, No. 467, making absolute rule for judgment for want of a sufficient affidavit of defense in case of the Ebensburg B. & L. Association v. Westchester Fire Insurance Company, of New York. Assumpsit on a policy of fire insurance. The opinion of the Superior Court states the facts of the case.
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Appeal, No. 178, April T., 1905, by defendant, from order of C. P. Cambria Co., Sept. T., 1904, No. 467, making absolute rule for judgment for want of a sufficient affidavit of defense in case of the Ebensburg B. & L. Association v. Westchester Fire Insurance Company, of New York. Assumpsit on a policy of fire insurance. The opinion of the Superior Court states the facts of the case. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Morrison, J.,
This was an action of assumpsit brought by the plaintiff in its own name, against the defendant, founded on a certain fire insurance policy, No. 1266, issued to J. E. Kuhn, dated January 14, 1904, for the sum of 1750 upon certain property described in the policy. This policy was not under seal, and it contained what is known as the.New York and New Jersey, Connecticut and Rhode Island Standard Mortgagee clause, to wit:
“ Loss or damage, if any, under this policy shall be payable to the Ebensburg Building and Loan Association, as first mortgagee (or trustee) as interest…
2Cases cited11 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
- Westchester Fire Insurance v. CoverdaleSupreme Court of Kansas · 1892
- Ulster County Savings Institution v. LeakeNew York Court of Appeals · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- B. L. Asso. v. Fire Ins. Co.West Virginia Supreme Court · 1928
- Guarantee Trust & Safe Deposit Co. v. Home Mutual Fire InsuranceSuperior Court of Pennsylvania · 1955
- Swoope v. United States Fire InsuranceSuperior Court of Pennsylvania · 1925
- Fayetteville Building & Loan Ass'n v. Mutual Fire InsuranceWest Virginia Supreme Court · 1928
- Abbottsford Building & Loan Ass'n v. William Penn Fire Ins.Superior Court of Pennsylvania · 1937
3 more not listed; retrieve them via the Exa API.