Weiss v. American Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 296, Jan. T., 1892, by defendant, from judgment of C. P. Lycoming Co., Sept. T., 1891, No. 316, on verdict for plaintiff, Frederick Weiss, to use of Lucy M. Munson. Assumpsit on policy of insurance.
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Appeal, No. 296, Jan. T., 1892, by defendant, from judgment of C. P. Lycoming Co., Sept. T., 1891, No. 316, on verdict for plaintiff, Frederick Weiss, to use of Lucy M. Munson. Assumpsit on policy of insurance. At the trial, before Metzger, P. J., the evidence was to the following effect: Plaintiff took out a policy of insurance from defendant company for the sum of $1,500. At the time he took it the property was incumbered by a mortgage held by Lucy M. Munson, and the policy recited, “loss, if any, payable to Lucy M. Munson, as her interest may appear.” The policy contained conditions that…
1Opinion of the Court
Per Curiam,
A careful examination of the numerous specifications fails-to disclose error. The plaintiff’s 5th point might well have-been affirmed, as the facts contained therein, if found by the jury, were clearly evidence of a waiver. The court declined to affirm it, but said the facts as stated therein tended to prove a waiver, and, in connection with the other testimony in the case, were sufficient to justify the jury in finding the fact of’ waiver. This instruction was more favorable to the defendant than it had a right to expect, and is not the subject of just ground of complaint.
*357We find…
2Cases cited6 opinions
- Pennsylvania Fire Insurance v. DoughertySupreme Court of Pennsylvania · 1883
- Lebanon Mutual Insurance v. ErbSupreme Court of Pennsylvania · 1886
- Susquehanna Mutual Fire Insurance v. CusickSupreme Court of Pennsylvania · 1885
- German American Insurance v. HockingSupreme Court of Pennsylvania · 1887
- Farmers' Mutual Fire Insurance v. MoyerSupreme Court of Pennsylvania · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hartford Fire Insurance v. Liddell Co.Supreme Court of Georgia · 1908
- White v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1903
- Gerling v. Agricultural Ins.West Virginia Supreme Court · 1892
- Koshland v. Home InsuranceOregon Supreme Court · 1897
- Lapcevic v. Lebanon Mutual InsuranceSuperior Court of Pennsylvania · 1909
7 more not listed; retrieve them via the Exa API.