Insurance Company v. Phœnix Insurance
Supreme Court of Pennsylvania
Error to tbe District Court of Philadelphia: Of January Term 1871, No. 348. This was a scire facias in foreign attachment, issued to December Term 1868, by The Insurance Company of the State of Pennsylvania against B. J. Trask; The Phoenix Insurance Company being the garnishees: the attachment had been served upon them September 22d 1868: The question in the case was, whether William Bell, mortgagee of the vessel and assignee of the policy as collateral security, was…
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Error to tbe District Court of Philadelphia: Of January Term 1871, No. 348. This was a scire facias in foreign attachment, issued to December Term 1868, by The Insurance Company of the State of Pennsylvania against B. J. Trask; The Phoenix Insurance Company being the garnishees: the attachment had been served upon them September 22d 1868: The question in the case was, whether William Bell, mortgagee of the vessel and assignee of the policy as collateral security, was entitled to receive the amount due by the insurers in preference to the attaching creditor. Bell appeared and took defence…
1Opinion of the Court
The opinion of the court was delivered by
Sharswood, J.
We affirm the judgment upon the opinion given by the learned president of the District Court. The condition contained in the policy against assignment was for the benefit of the insurers and could be waived by them, and even if the question arose upon the record we think there was ample evidence that they did waive it. No exception was taken to the reservation in the court below, and such being the ease, we are bound to assume that it was assented to or acquiesced in by all parties as a true statement of the facts. Very great injustice…
2Cited by13 opinions
- SPIRES Et Ux. v. Hanover Fire Ins. Co.Supreme Court of Pennsylvania · 1950
- Pearson Mfg. Co. v. Pittsburgh Steamboat Co.Supreme Court of Pennsylvania · 1932
- Boyle v. Borough of Mahanoy CitySupreme Court of Pennsylvania · 1898
- Casey v. Pennsylvania Asphalt Paving Co.Supreme Court of Pennsylvania · 1901
- Ginther v. Borough of YorkvilleSuperior Court of Pennsylvania · 1897
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