Walker v. Black
Supreme Court of Pennsylvania
Appeal, No. 28, Oct. T., 1906, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1901, No. 799, on verdict for plaintiff in case of Walker, Stratman & Co. v. David P. Black, surviving partner of the firm of Black & Gloninger. Assumpsit for the negligent performance of a contract to place fire insurance. Before Frazer, P. J. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $5,916.91. Defendant appealed.
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Appeal, No. 28, Oct. T., 1906, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1901, No. 799, on verdict for plaintiff in case of Walker, Stratman & Co. v. David P. Black, surviving partner of the firm of Black & Gloninger. Assumpsit for the negligent performance of a contract to place fire insurance. Before Frazer, P. J. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $5,916.91. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant.
1Opinion of the Court
Per Curiam,
Plaintiffs employed defendants as brokers to procure insurance upon plaintiffs’ plant. Defendants finding ft difficult to procure the amount in Pittsburg employed a firm of brokers in New York who obtained policies in foreign companies. By some oversight, either of defendants or the Ne w York agents, the policies contained a warranty not in accordance with the facts, and when called upon to pay the companies refused on this-ground. When the policies were received they were not examined immediately by defendants, and in the interim the fire took place.
The defense was that in…
2Cited by9 opinions
- Lowitt & Harry Cohen Insurance Agency, Inc. v. Pearsall Chemical Corp.Court of Appeals of Maryland · 1966
- Aresto v. MilieSuperior Court of Pennsylvania · 1957
- Colpe Investment Co. v. Seeley & Co.California Court of Appeal · 1933
- Consolidated Sun Ray, Inc. v. LeaDistrict Court, E.D. Pennsylvania · 1967
- McCormick v. Shuman, Pennsylvania Court of Common Pleas, Columbia County1958
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