Stacey v. Franklin Fire Insurance
Supreme Court of Pennsylvania
THIS was an action of covenant brought by James. G. Stacey and Davis B. Stacey, co-partners under the firm of J. G. & D. B. Stacey, against The Franklin Fire Insurance Company, in which the plaintiffs declared on the policy of insurance stated below, and the defendants pleaded covenants performed, with leave, &c.
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THIS was an action of covenant brought by James. G. Stacey and Davis B. Stacey, co-partners under the firm of J. G. & D. B. Stacey, against The Franklin Fire Insurance Company, in which the plaintiffs declared on the policy of insurance stated below, and the defendants pleaded covenants performed, with leave, &c. The case came on for trial before Kennedy, J., at a Court of JVisi Prius, held at Philadelphia on the 27th of November 1840. The plaintiffs gave in evidence the following policy executed by the defendants: “ FRANKLIN FIRE INSURANCE COMPANY OF PHILADELPHIA. Office, No. 163J Chesnut…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This is an action of covenant on a policy of insurance for $10,000 against fire, dated the 26th of July 1833, for a premium of $22 for one year from the date, “ upon merchandise generally, including liquors and groceries contained in the store No. 37 South Wharves, for account of whom it may concern, say merchandise without exception.” The 7th of January 1834, merchandise included in the policy to the value of $13,000 and upwards, was destroyed by fire. The plaintiffs claim for a total loss; and inasmuch as the full premium has been paid to…
2Cases cited3 opinions
- Thurston v. KochSupreme Court of the United States · 1800
- Peters v. Delaware InsuranceSupreme Court of Pennsylvania · 1820
- Mackie v. PleasantsSupreme Court of Pennsylvania · 1810
3Cited by20 opinions
- Hubbard & Spencer v. Hartford Fire Ins.Supreme Court of Iowa · 1871
- Clark v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Nusbaum v. Hartford Fire Ins.Supreme Court of Pennsylvania · 1923
- Sloat v. Royal InsuranceSupreme Court of Pennsylvania · 1864
- Fraim v. National Fire Ins.Supreme Court of Pennsylvania · 1895
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