Noel v. Pymatuning M. F. Ins.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OE MERCER COUNTY. No. 202 October Term 1889, Sup. Ct.; court below, No. 163 January Term 1889, C. P. On December 26,1888, W. J. Noel brought assumpsit against the Pymatuning Mutual Fire Insurance Company, incorporated by act of assembly of February 27, 1860, P. L. 88, to recover upon a policy of insurance upon his barn and certain personal property, to the amount of $1,200. The defendant pleaded non-assumpsit.
Read the full summary
APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OE MERCER COUNTY. No. 202 October Term 1889, Sup. Ct.; court below, No. 163 January Term 1889, C. P. On December 26,1888, W. J. Noel brought assumpsit against the Pymatuning Mutual Fire Insurance Company, incorporated by act of assembly of February 27, 1860, P. L. 88, to recover upon a policy of insurance upon his barn and certain personal property, to the amount of $1,200. The defendant pleaded non-assumpsit. At the trial on February 16, 1889, the jury returned a verdict in favor of the plaintiff for $1,027.90. A rule for a new trial having…
1Opinion of the Court
Opinion,
Mb. Justice Williams :
The appellee is a mutual fire insurance company, issuing a uniform policy, unless otherwise specially requested, to all its members, for the term of five years. Noel, the appellant, was a member having a policy for five years on his barn and contents for $1,000. When his policy had been running a little over two years, he applied for $200 additional insurance on the contents of his barn, and, at the suggestion of the agent, surrendered his policy in order that a new one might issue for the whole amount of insurance needed. A new policy for *534•11,200 was issued and…