Eberly v. Springfield Fire & Marine Insurance
Superior Court of Pennsylvania
Appeal, No. 11, March T., 1912, by defendant, from judgment of C. P. Cumberland Co., May T., 1910, No. 125, on verdict for plaintiff in case of Henry B. Eberly and Susan Eberly, Executors of Mary Eberly, deceased, v. Springfield Fire and Marine Insurance Company. Assumpsit on a policy of fire insurance. Before Sadler, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $561.66. Defendant appealed.
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Appeal, No. 11, March T., 1912, by defendant, from judgment of C. P. Cumberland Co., May T., 1910, No. 125, on verdict for plaintiff in case of Henry B. Eberly and Susan Eberly, Executors of Mary Eberly, deceased, v. Springfield Fire and Marine Insurance Company. Assumpsit on a policy of fire insurance. Before Sadler, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $561.66. Defendant appealed. Errors assigned among others were (4) refusal of binding instructions for defendant, and (6) portion of charge, quoted in the opinion of the…
1Opinion of the Court
Opinion bt
Head, J.,
The plaintiffs were the owners of a single warehouse building, the value of which, according to the testimony, undisputed in this respect, approximated $3,000. The defendant is a foreign insurance company, duly authorized to do business in the state of Pennsylvania, and for many years had maintained a general agent in the city of Philadelphia. He had general charge of the business of the company in this state and exercised supervisory control over the work of the local and soliciting agents. The plaintiffs took out a policy of insurance on the said building in the sum of…
2Cases cited2 opinions
- Weiss v. American Fire InsuranceSupreme Court of Pennsylvania · 1892
- Lycoming Insurance v. SchrefflerSupreme Court of Pennsylvania · 1862
3Cited by1 opinion
- Collins v. Home Ins. Co. of N. Y.Superior Court of Pennsylvania · 1933