Central Market Street Co. v. North British & Mercantile Insurance
Supreme Court of Pennsylvania
Appeal, No. 2, Jan. T., 1914, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1912, No. 3246, on verdict directed for plaintiff in case of Central Market Street Company v. North British & Mercantile Insurance Company of London and Edinburgh. Assumpsit on a fire insurance policy. Before Sulzberger, P. J. The opinion of. the Supreme Court states the facts. The court directed a verdict for the plaintiff. Defendant appealed.
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Appeal, No. 2, Jan. T., 1914, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1912, No. 3246, on verdict directed for plaintiff in case of Central Market Street Company v. North British & Mercantile Insurance Company of London and Edinburgh. Assumpsit on a fire insurance policy. Before Sulzberger, P. J. The opinion of. the Supreme Court states the facts. The court directed a verdict for the plaintiff. Defendant appealed. Errors assigned were, among others, the charge of the court and in refusing defendant’s motion for judgment n. o. v. The keeping of inflammable films…
1Opinion of the Court
Opinion by
Mr. Justice Mestbezat,
This is an action of assumpsit brought on a policy insuring the plaintiff, then known as the Moving Picture Company of America, against loss by fire to an amount not exceeding $2,500 upon its fixtures, furniture, improvements and betterments contained in the brick building, No. 926-928 Market street, Philadelphia. The defense was that the plaintiff company in violation of its warranty had stored celluloid moving picture films in the premises, and that the fire which destroyed the property was due to the explosion or ignition of the films.
The policy was issued…
2Cases cited3 opinions
- Whited v. . Germania Fire Ins. Co.New York Court of Appeals · 1879
- Rivara v. Queen's InsuranceMississippi Supreme Court · 1885
- McKinney v. German Mutual Fire Insurance Society of LibertyWisconsin Supreme Court · 1895
3Cited by14 opinions
- Hoffman v. Mutual Fire Insurance Co. of ReadingSupreme Court of Pennsylvania · 1922
- Thomas v. Employers Liability Assurance Corp. Ltd. of LondonSupreme Court of Pennsylvania · 1925
- St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
- Di Santo v. Enstrom Helicopter Corp.District Court, E.D. Pennsylvania · 1980
- American Mut. Liability Ins. v. Buckley & Co.Court of Appeals for the Third Circuit · 1941
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