Universal Mutual Fire Insurance v. Weiss Bros.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: Of January Term, 1884, No. 190. This was an action of covenant by L. R. Weiss, Joseph Weiss, and Iliram Weiss, trading as Weiss Brothers, against the Universal Mutual Fire Insurance Company, to recover the sum of $1,000, with interest thereon, being the amount of a policy of fire insurance issued by the defendant to the plaintiffs on the machinery of the latter’s mill for three years from October 1, 1877. The mill,…
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Error to the Court of Common Pleas of Northampton county: Of January Term, 1884, No. 190. This was an action of covenant by L. R. Weiss, Joseph Weiss, and Iliram Weiss, trading as Weiss Brothers, against the Universal Mutual Fire Insurance Company, to recover the sum of $1,000, with interest thereon, being the amount of a policy of fire insurance issued by the defendant to the plaintiffs on the machinery of the latter’s mill for three years from October 1, 1877. The mill, with the machinery therein, was destroyed by fire July 25, 1878. This action was brought February 25, 1879. The defendant…
1Opinion of the CourtJustice Gordon
The contract of the parties litigant is to be found in the policy, and the conditions thereto attached, and to the terms and provisions of the agreement, as found in those papers, both parties must be held or neither. The insurance company can only be made responsible for the alleged loss, under the policy, by a showing by the Weiss Brothers of the performance of the conditions of that instrument on their part. To hold otherwise would be a mere travesty of justice. The principle here stated is not, indeed, denied, but an attempt has been made to avoid its effect by the interposition of the…
2Cited by10 opinions
- Grier v. Northern Assurance Co.Supreme Court of Pennsylvania · 1898
- Hocking v. Howard InsuranceSupreme Court of Pennsylvania · 1889
- O'Connor v. Allemannia Fire InsuranceSuperior Court of Pennsylvania · 1937
- Dale v. Continental InsuranceTennessee Supreme Court · 1895
- McFarland v. Kittanning Ins.Supreme Court of Pennsylvania · 1890
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