Legal Opinion

Merrick v. Germania Fire Insurance

Supreme Court of Pennsylvania

Decided May 13, 1867PublishedCited by 4 opinions

Certificate from Nisi Prius. These were several actions of assumpsit brought to January Term 1861 in the Supreme Court, by J. Vaughan Merrick and others, trading as Merrick & Sons, against the Germania Fire Insurance Company, the Hanover Fire Insurance Company, the Fulton Fire Insurance Company and the Lorillard Fire Insurance Company, all of the city of New York.

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Certificate from Nisi Prius. These were several actions of assumpsit brought to January Term 1861 in the Supreme Court, by J. Vaughan Merrick and others, trading as Merrick & Sons, against the Germania Fire Insurance Company, the Hanover Fire Insurance Company, the Fulton Fire Insurance Company and the Lorillard Fire Insurance Company, all of the city of New York. The cases were tried at Nisi Prius before Thompson, J., and were for loss by fire of property of the plaintiffs insured by the defendants. The policy of each company for the premium of $100 insured the plaintiffs for one year from…

1Opinion of the Court

The opinion of the court was delivered, by

Strong, J.

There is no error in these records unless it is found *284in the construction given to the seventh condition attached to the policy. That condition is in these words: “ If, at the happening of any fire, the assured shall have insurance under a floating policy or policies, not specific, but covering goods generally in various places, not designated, and yet within limits which include the property herein insured, such policy, as between the assured and this company, shall be considered as covering any excess of sound value of the subject insured…

2Cited by4 opinions

  1. Clarke v. Western Assurance Co., Pennsylvania Court of Common Pleas, Alleghany County1892
  2. Frick v. United Firemen's InsuranceSupreme Court of Pennsylvania · 1907
  3. Primrose v. Casualty Co.Supreme Court of Pennsylvania · 1911
  4. Federal Life Ins. Co. v. McAleerSupreme Court of Oklahoma · 1932

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