Ætna Ins. v. Confer
Supreme Court of Pennsylvania
Appeal, No. 243, Oct. T., 1893, by plaintiff, from order of O. P. Venango Co., Aug. T., 1892, No. 109, discharging rule for judgment for want of sufficient affidavit of defence in favor of defendant, A. L. Confer. Rule for judgment for want of sufficient affidavit of defence in assumpsit for moneys paid on insurance policy.
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Appeal, No. 243, Oct. T., 1893, by plaintiff, from order of O. P. Venango Co., Aug. T., 1892, No. 109, discharging rule for judgment for want of sufficient affidavit of defence in favor of defendant, A. L. Confer. Rule for judgment for want of sufficient affidavit of defence in assumpsit for moneys paid on insurance policy. Before Taylor, P. J. From the record it appeared that defendant insured his oil refinery in five companies, among which was plaintiff, to the amount of $3,140 in each. While the insurance was in force, the refinery was burned by sparks from a.locomotive of the New York,…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The defendant owned an oil refinery on the line of a railroad; he insured his property in five companies, among them this plaintiff, each delivering to him a policy in the sum of $3,140, and each policy, to the amount of it, embracing in the description the whole property. While the policies were in *603force, on the 24th of July, 1889, the refinery caught fire from locomotive sparks from the railroad, and was damaged to the amount of $27,565.42, as averred by him in his proof of loss. Defendant, as required by his contracts of insurance, at once made claim on the…
2Cases cited1 opinion
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