Legal Opinion

Lycoming Mutual Insurance v. Sailer

Supreme Court of Pennsylvania

Decided January 5, 1871PublishedCited by 17 opinions

Error to the Court of Common Pleas of Butler county: No. 137, to October and November Term 1870. This was an action of covenant on a policy of insurance brought February 7th 1868, by Joseph Sailer' against The Lycoming Mutual Insurance Company.

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Error to the Court of Common Pleas of Butler county: No. 137, to October and November Term 1870. This was an action of covenant on a policy of insurance brought February 7th 1868, by Joseph Sailer' against The Lycoming Mutual Insurance Company. The claim of the plaintiff was for indemnity for loss by fire of the articles insured in a policy issued to him by the defendants, and dated October 7th 1867. The principal question was, whether the goods were in the place in which they had been insured. The case was tried, March 15th 1870, before McGuffin, P. J. On the trial the plaintiff offered the…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

This case was conducted with marked ability by the counsel of the plaintiffs in error, both in the court below and in this court. Twenty erroi’S have been assigned, many of them indeed depending upon the same principle; but, after careful consideration, I have found it difficult to classify them, and deem it best, though at the expense of some repetition, to discuss each one separately.

1. The 1st error assigned is that the court permitted the plaintiff to read in evidence the policy of insurance declared upon, without reading with it his…

2Cases cited1 opinion

  1. Bertsch v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1833

3Cited by17 opinions

  1. Easton v. Washington County InsuranceSupreme Court of Pennsylvania · 1957
  2. Metzger v. Clifford Realty Corp.Supreme Court of Pennsylvania · 1984
  3. Logan v. WileySupreme Court of Pennsylvania · 1947
  4. Queen Ins. Co. of America v. Meyer Milling Co.Court of Appeals for the Eighth Circuit · 1930
  5. Laidley v. RoweSupreme Court of Pennsylvania · 1923

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