Ben Franklin Fire Insurance v. Flynn
Supreme Court of Pennsylvania
October 21st 1881. Before Sharswood, O. J., Merour, Gordon, Paxson, Sterrett and Green. JJ. Trunkey, J., absent. Error to the Court of Common Pleas of Clarion county: Of October and November Term 1881, No. 104. This was an action of covenant by John Plynn and G. S. Hamm, trading as Flynn & Hamm, against the Ben Franklin Insurance Co., of Allegheny,• Pa., upon two policies of fire insurance issued by said company to the plaintiffs, upon a stock, of general merchandise in the…
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October 21st 1881. Before Sharswood, O. J., Merour, Gordon, Paxson, Sterrett and Green. JJ. Trunkey, J., absent. Error to the Court of Common Pleas of Clarion county: Of October and November Term 1881, No. 104. This was an action of covenant by John Plynn and G. S. Hamm, trading as Flynn & Hamm, against the Ben Franklin Insurance Co., of Allegheny,• Pa., upon two policies of fire insurance issued by said company to the plaintiffs, upon a stock, of general merchandise in the plaintiffs’ store in Turkey city, Clarion county. The policies were dated May 3rd 1878, and July 1st 1878, respectively,…
1Opinion of the CourtJustice Gordon
There is very little even of technical difficulty in this case, and nothing at all of which the plaintiff ought to complain, if it looked to the justness of its obligation rather than for some loophole of escape from a debt which in all honor and honesty it ought to pay. The evidence furnishes not the slightest intimation that the plaintiffs were guilty of any kind of fraud, either in intention or in fact. The loss occurred without fault or neglect on their part, and if there was any default in either the preliminary notice or statement of loss, it was of a character so technical that it…
2Cited by9 opinions
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- Dillinger v. OgdenSupreme Court of Pennsylvania · 1914
- Leh v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1906
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