Johnson v. Stewart
Supreme Court of Pennsylvania
Appeal, No. 243, Oct. T., 1913, by defendant, from decree of O. P. Allegheny Co., July T., 1912, No. 1233, In Equity, for plaintiff on bill 'in Equity for discovery and for an accounting in case of Willis S. Johnson, trading as Joseph S. Finch and Company v. David G. Stewart and J. A. A. Geidel, Co-partners trading as D. G. Stewart and Geidel. Bill in equity for discovery and for an accounting.
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Appeal, No. 243, Oct. T., 1913, by defendant, from decree of O. P. Allegheny Co., July T., 1912, No. 1233, In Equity, for plaintiff on bill 'in Equity for discovery and for an accounting in case of Willis S. Johnson, trading as Joseph S. Finch and Company v. David G. Stewart and J. A. A. Geidel, Co-partners trading as D. G. Stewart and Geidel. Bill in equity for discovery and for an accounting. On final hearing, Swearingen, J., filed the following opinion: This bill was filed to compel an accounting by the defendants for the proceeds of insurance collected by them for a fire in their…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The elaborate opinion filed by the learned chancellor in the court below in which he finds the facts and discusses the law applicable to the facts fully vindicates his conclusion in sustaining the bill filed by the appellee. The decree may well be affirmed on his opinion. _J
We agree with the appellants that where a bailor of property claims under a fire policy effected by one not the owner of the goods it must appear that the party effecting the insurance intended when taking out the policy to cover the subsequent claimant’s interest. This is a correct…
2Cases cited8 opinions
- Home Insurance v. Baltimore Warehouse Co.Supreme Court of the United States · 1876
- California Insurance v. Union Compress Co.Supreme Court of the United States · 1890
- Krider v. LaffertySupreme Court of Pennsylvania · 1836
- Roberts v. Firemen's InsuranceSupreme Court of Pennsylvania · 1894
- Siter v. MorrsSupreme Court of Pennsylvania · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Horizon Financial, F.A. v. HansenDistrict Court, N.D. Georgia · 1992
- Badler v. L. Gillarde Sons Co.Supreme Court of Pennsylvania · 1956
- Crew Levick Co. v. Philadelphia Investment Building & Loan Ass'nSuperior Court of Pennsylvania · 1934
- Cannon Mills, Inc. v. FlynnSuperior Court of Pennsylvania · 1923
- Commonwealth v. BerneySuperior Court of Pennsylvania · 1917
9 more not listed; retrieve them via the Exa API.