Legal Opinion

Siter v. Morrs

Supreme Court of Pennsylvania

Decided March 15, 1850PublishedCited by 13 opinions

Error to the District Court of the city and county of Philadelphia. . TMs was an action for money had and received, brought by .plaintiff below to recover his proportionate share of a payment of $10,000 made to the defendants by the Spring Garden Eire Insurance Company, for loss, under a policy of insurance against .fire, which covered in that amount from the 2d day of July, 1845, •to the 2d day of July, 1846, “merchandize generally, and without exception, their own, or held…

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Error to the District Court of the city and county of Philadelphia. . TMs was an action for money had and received, brought by .plaintiff below to recover his proportionate share of a payment of $10,000 made to the defendants by the Spring Garden Eire Insurance Company, for loss, under a policy of insurance against .fire, which covered in that amount from the 2d day of July, 1845, •to the 2d day of July, 1846, “merchandize generally, and without exception, their own, or held in trust, or on consignment, contained in the brick building and shed adjoining, situate,” &e. The defendants are…

1Opinion of the Court

The opinion of the court was delivered by

Burnside, J.

The opinion of the District court, as delivered by Judge Stroud, on the reserved point, is an able exposition of the law. We adopt it. The only point that had color of difficulty in the case, was the allegation that the goods of the plaintiff were not merchandize, within the policy. After a careful examination of the policy, we are satisfied they were covered by its provisions. The policy is on “ merchandize generally, and without exception, their own, or held in trust, or on assignment, contained in the bach building and shed adjoining.”…

2Cited by13 opinions

  1. Automobile Ins. Co. of Hartford v. Springfield Dyeing Co.Court of Appeals for the Third Circuit · 1940
  2. Roberts v. Firemen's InsuranceSupreme Court of Pennsylvania · 1894
  3. McCoy v. Home InsuranceSuperior Court of Pennsylvania · 1951
  4. Johnson v. StewartSupreme Court of Pennsylvania · 1914
  5. In Re PodolskyCourt of Appeals for the Third Circuit · 1940

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