Morrett v. Fire Ass'n
Supreme Court of Pennsylvania
Appeal, No. 325, Jan. T., 1919, by defendant, from order of C. P. Luzerne Co., Oct. T., 1916, No. 336, entering judgment for plaintiff in case of John Morrett v. Fire Association of Philadelphia. Action in assumpsit on a policy of fire insurance. By agreement of the parties the case was tried before the court without a jury. Before Strauss, J. Judgment was entered in favor of the plaintiff for $1,-770. Defendant appealed.
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Appeal, No. 325, Jan. T., 1919, by defendant, from order of C. P. Luzerne Co., Oct. T., 1916, No. 336, entering judgment for plaintiff in case of John Morrett v. Fire Association of Philadelphia. Action in assumpsit on a policy of fire insurance. By agreement of the parties the case was tried before the court without a jury. Before Strauss, J. Judgment was entered in favor of the plaintiff for $1,-770. Defendant appealed. Errors assigned were the findings of fact and conclusions of law and the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
This is an action of assumpsit on a policy of insurance to recover damages for the loss of a building destroyed by fire. By agreement of the parties, the case was tried by the court below without a jury, under the Act of April 22, 1874, P. L. 109, and the point in the case arises from a clause in the policy which reads as follows: “If the interest of the insured be other than unconditional and *11sole ownership, or if the subject of insurance be a building on ground not owned by the insured in fee simple, the policy is not enforceable.”
The appellee acquired title…
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