Caldwell v. Fire Ass'n
Supreme Court of Pennsylvania
Appeal, No. 173, Jan. T., 1896, by defendant, from judgment of C. P. Huntingdon Co., May T., 1894, No. 11, for plaintiff on trial by court -without a jury. Assumpsit on a policy of fire insurance.
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Appeal, No. 173, Jan. T., 1896, by defendant, from judgment of C. P. Huntingdon Co., May T., 1894, No. 11, for plaintiff on trial by court -without a jury. Assumpsit on a policy of fire insurance. The case was tried by the court without a jury under the provision of the act of April 22,1874. Love, P. J., of the 49th judicial district, specially presiding, filed the following opinion : FINDINGS OF FACT. 1. D. Caldwell, the decedent, in his lifetime bought the property upon which the insurance was placed, at sheriff’s sale, December 17, 1884. D. Caldwell, George A. Port, D. Blair, Frank…
1Opinion of the Court
Opinion by
Mb,. Chief Justice Sterrett,
By agreement of the parties, trial by jury was waived and the decision of this case was submitted to the learned president of the common pleas, who upon the facts found by him directed judgment in favor of the plaintiff for $1,467.15. His findings of fact together with his conclusions of law are set forth in the record and need not be repeated here.
The policy in suit provides, among other things, that it “ shall be void if the interest of the insured be not truly stated therein .... or if the interest of the insured be otherwise than unconditional and…
2Cases cited1 opinion
- People's Insurance v. SpencerSupreme Court of Pennsylvania · 1867
3Cited by32 opinions
- Arlotte v. National Liberty InsuranceSupreme Court of Pennsylvania · 1933
- Ohio Farmers Insurance v. VogelIndiana Supreme Court · 1906
- Kocher v. KocherSupreme Court of Pennsylvania · 1930
- Hoffman v. Mutual Fire Insurance Co. of ReadingSupreme Court of Pennsylvania · 1922
- Clymer Opera Co. v. Flood City Mutual Fire Ins.Supreme Court of Pennsylvania · 1913
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