Sweeny v. Franklin Fire Insurance
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was an action of covenant by John Sweeny v. The Frank-N lin Fire Insurance Company of Philadelphia, upon a policy of | insurance.
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Error to the District Court, Philadelphia. This was an action of covenant by John Sweeny v. The Frank-N lin Fire Insurance Company of Philadelphia, upon a policy of | insurance. The declaration was in the usual form, and the de- j fendants, among other pleas, pleaded that the plaintiff was not interested in the building insured; that, at the time of the insur-j anee, the plaintiff had represented himself as owner of the said J building, in consequence of which, the insurance was effected, when, in reality, he was not owner, &c.; and that the building insured I was misdescribed. On these…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
The rule is valuable and well founded, that, he who has no interest, can have no insurance. That he must show his interest, and that it is the extreme measure of his recovery, are the corollaries of the rule. Without this, insurances would soon become a mere system of gambling. These principles are sufficient to affirm the judgment.
It matters not what contracts or conveyances passed between the plaintiff and the company by which this house was erected. The company had no title'to convey to him. So far as the evidence of title goes, it shows…
2Cited by6 opinions
- Aetna Fire Ins. v. KennedySupreme Court of Alabama · 1909
- Heidisch v. Globe & Republic Insurance Co. of AmericaSupreme Court of Pennsylvania · 1951
- Insurance Co. of North America v. AlberstadtSupreme Court of Pennsylvania · 1956
- Moving Picture Co. of America v. Scottish Union & National InsuranceSupreme Court of Pennsylvania · 1914
- Hyman v. Sun Ins. Co.New Jersey Superior Court Appellate Division · 1961
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