Jacoby v. North British & Mercantile Insurance
Superior Court of Pennsylvania
Appeal, No. 84, March T., 1899, by defendant, from judgment of C. P. York Co., on verdict for plaintiff. Opinion by Beebeb, J. Assumpsit on policy of fire insurance for $1,000. It appears from the evidence that property was destroyed by fire on June 15, 1897. Twenty-two companies, including defendant, had insured in various sums amounting in the aggregate to $16,000. It was agreed by counsel that the amount that plaintiffs were entitled to recover in this case, if anything,…
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Appeal, No. 84, March T., 1899, by defendant, from judgment of C. P. York Co., on verdict for plaintiff. Opinion by Beebeb, J. Assumpsit on policy of fire insurance for $1,000. It appears from the evidence that property was destroyed by fire on June 15, 1897. Twenty-two companies, including defendant, had insured in various sums amounting in the aggregate to $16,000. It was agreed by counsel that the amount that plaintiffs were entitled to recover in this case, if anything, was $902.02. It was contended by defendant company that it was not represented by any one authorized to act for it at…
1Opinion of the Court
Opinion bt
Beeber, J.,
Although the pleadings in this case raised many issues of fact, when the case came to trial the only question tried was whether notice of the fire and proofs of loss had been sent to the defendant. The plaintiffs were relieved of the necessity of proving an adjustment or the extent of their loss in view of the defendant’s admission at the trial, that the amount claimed in the plaintiff’s statement was the share due by the defendant in case it was *377liable at all. This renders immaterial the first assignment of error, which is the refusal of the court to affirm the point sub…
2Cases cited6 opinions
- Susquehanna Mutual Fire Insurance v. CusickSupreme Court of Pennsylvania · 1885
- Franklin Fire Insurance v. UpdegraffSupreme Court of Pennsylvania · 1862
- Penn. Mut. Fire Ins. v. SchmidtSupreme Court of Pennsylvania · 1888
- Commonwealth Mutual Fire Insurance v. HuntzingerSupreme Court of Pennsylvania · 1881
- Hench v. Agricultural Ins.Supreme Court of Pennsylvania · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Allegro v. Rural Valley Mut. Fire Ins.Supreme Court of Pennsylvania · 1920
- Ayres v. American Mutual InsuranceSuperior Court of Pennsylvania · 1963
- Braden v. CookSuperior Court of Pennsylvania · 1901