Heller v. Royal Ins. Co.
Supreme Court of Pennsylvania
Appeal, No. 91, Jan. T., 1891, by-plaintiff, Marietta Heller, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1888, No. 551, for defendant, on demurrer. Assumpsit on policy of fire insurance insuring plaintiff’s interest as lessee from damages by fire.
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Appeal, No. 91, Jan. T., 1891, by-plaintiff, Marietta Heller, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1888, No. 551, for defendant, on demurrer. Assumpsit on policy of fire insurance insuring plaintiff’s interest as lessee from damages by fire. Plaintiff’s original statement set out lease of premises; insurance by defendant, indemnifying plaintiff for loss by reason of payment of rent during such times as the building may be untenantable by reason of fire; the destruction of the premises by fire; [negotiations with defendant, by letter, to consent to permit the landlord to rebuild;…
1Opinion of the Court
Opinion by
Mb. Justice Stebbett,
The subject of complaint in the first and fourth specifications is the discharge of plaintiff’s rule to show cause why she should not have leave to amend the record by withdrawing her statement of claim filed May 9, 1889, and substituting in lieu thereof, the statement annexed to the rule and fully recited in the fourth specification.
We are not convinced that, in the circumstances, there was any error in discharging the rule. It is not even alleged that any of the averments contained íd the original statement, and omitted from the proposed amendment, were…
2Cases cited4 opinions
- Hoeveler v. Fleming & Co.Supreme Court of Pennsylvania · 1879
- Barr v. McGarySupreme Court of Pennsylvania · 1890
- Magaw v. LambertSupreme Court of Pennsylvania · 1846
- Heller v. Royal Insurance, Pennsylvania Court of Common Pleas, Philadelphia County1890
3Cited by9 opinions
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- Russ Soda Fountain Co. v. Victor Pastry Shoppe, Inc.Superior Court of Pennsylvania · 1936
- Industrial Rayon Corp. v. Clifton Yarn Mills, Inc.Supreme Court of Pennsylvania · 1932
- Heller v. Royal InsuranceSupreme Court of Pennsylvania · 1896
- Edward F. Gerber Co. v. Title Guaranty & Surety Co.District Court, M.D. Pennsylvania · 1914
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