Brown v. Commonwealth Mutual Insurance
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. This was an action of debt, brought June 10th 1857, by Conrad Brown, Jr., and George W. Barr, against The Commonwealth Mutual Insurance Company of Harrisburg, on a policy of insurance dated April 11th 1857, covering a “frame building belonging to the plaintiffs’ estate on the south side of Eighth street, in the city of Erie, occupied as a warehouse, and for putting together reaping machines,” by which it was insured for $2000 for one…
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Error to the Common Pleas of Erie county. This was an action of debt, brought June 10th 1857, by Conrad Brown, Jr., and George W. Barr, against The Commonwealth Mutual Insurance Company of Harrisburg, on a policy of insurance dated April 11th 1857, covering a “frame building belonging to the plaintiffs’ estate on the south side of Eighth street, in the city of Erie, occupied as a warehouse, and for putting together reaping machines,” by which it was insured for $2000 for one year against “loss or damage by fire, agreeably to the tenor of their printed proposals and the conditions thereto…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
If we entertained more doubt than we do in respect to the soundness of the court’s ruling of thb- first point propounded by the defendant, we should feel obliged to affirm the judgment on the third point. For that point was vital, and we think it was correctly ruled against the plaintiffs.
They had accepted a policy, the 14th condition of which was in these words: “And should there during the life of the policy an encumbrance fall or be executed upon the property insured, sufficient to reduce the real interest of the insured in the same to…
2Cited by3 opinions
- Niagara Fire Insurance Co. v. MullinsCourt of Appeals of Kentucky (pre-1976) · 1927
- Laughinghouse v. Great National InsuranceSupreme Court of North Carolina · 1931
- Penn. Mut. Fire Ins. v. SchmidtSupreme Court of Pennsylvania · 1888