State Mutual Fire Insurance v. Arthur
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an amicable action of assumpsit, by Gann Arthur against The State Mutual Fire Insurance Company, upon a policy of insurance against fire, issued by the defendants on the 25th June 1852, whereby they insured the plaintiff, for the term of one year, against loss or damage by fire to the extent of $1400, on his two brick tenements, occupied by tenants, situated adjoining, on the corner of Main and Biddle streets, in…
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Error to the District Court of Philadelphia. This was an amicable action of assumpsit, by Gann Arthur against The State Mutual Fire Insurance Company, upon a policy of insurance against fire, issued by the defendants on the 25th June 1852, whereby they insured the plaintiff, for the term of one year, against loss or damage by fire to the extent of $1400, on his two brick tenements, occupied by tenants, situated adjoining, on the corner of Main and Biddle streets, in Wheeling, Virginia. The property insured was destroyed by fire on the 18th January 1853. The plaintiff declared in assumpsit…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
— This case was tried with very little regard to the issues which had been formed between the parties. The plaintiff below declared upon a policy of insurance. To this declaration *330the defendants pleaded a breach of the plaintiff’s warranty, made in the application, which by the terms of the policy was made a part thereof, and the representations of which were agreed to be warranties on the part of the assured. By the conditions of insurance, also made a part of the policy, applications were required to state “by whom the property (was) is…
2Cases cited1 opinion
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
3Cited by4 opinions
- Hoffman v. Mutual Fire Insurance Co. of ReadingSupreme Court of Pennsylvania · 1922
- Pugh v. Commonwealth Mut. Fire Ins. Co. Of PennsylvaniaCourt of Appeals for the Third Circuit · 1952
- Schloss v. Importers & Exporters InsuranceSuperior Court of Pennsylvania · 1924
- Puro v. Franklin Fire InsuranceSuperior Court of Pennsylvania · 1924