Legal Opinion

Todd v. Quaker City Mutual Fire Insurance

Superior Court of Pennsylvania

Decided January 18, 1899No. Appeal, No. 37PublishedCited by 2 opinions

Appeal, No. 37, March T., 1898, by plaintiff, from judgment of C. P. Juniata Co., Feb. T., 1897, No. 33, on verdict for defendant. Assumpsit on policy of insurance.

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Appeal, No. 37, March T., 1898, by plaintiff, from judgment of C. P. Juniata Co., Feb. T., 1897, No. 33, on verdict for defendant. Assumpsit on policy of insurance. Before Lyons, P. J. For a general statement of facts under which this and the preceding case arose, see statement of facts in preceding case, p. 371. At the trial of this case plaintiff moved to amend statement by inserting the following: “ Whereupon the said defendant company then and there promised to pay to the said plaintiff the sum of $400, being the amount of the said insurance.” The court denied this motion and gave as his…

1Opinion of the Court

Opinion by

Oblady, J.,

At the conclusion of the trial of this cause and before it was submitted to the jury, the plaintiff moved for leave to amend her statement, which concluded, viz: “Yet the defendant has not paid to the plaintiff the said sum of money by it insured, nor repaid nor reimbursed her for the loss sustained by the said fire or any part thereof,” by inserting immediately preceding the part quoted, the folio whig, “Whereupon the said defendant company then and there promised to pay to the said plaintiff the sum of four hundred dollars being the amount of said insurance.” The…

2Cases cited7 opinions

  1. Kroegher v. McConway & Torley Co.Supreme Court of Pennsylvania · 1892
  2. Erie City Iron Works v. BarberSupreme Court of Pennsylvania · 1888
  3. Trego v. LewisSupreme Court of Pennsylvania · 1868
  4. Trainor v. Phila. & R. R.Supreme Court of Pennsylvania · 1890
  5. Knapp v. HartungSupreme Court of Pennsylvania · 1873

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3Cited by2 opinions

  1. King v. MyersSuperior Court of Pennsylvania · 1915
  2. South Pittsburgh Water Co. v. WinterbergerSuperior Court of Pennsylvania · 1920

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