McSparran v. Southern Mutual Insurance
Supreme Court of Pennsylvania
Appeal, No. 381, Jan. T., 1898, by defendant, from judgment of C. P. Lancaster Co., April T., 1897, No. 48, on verdict for plaintiffs. Assumpsit on .a policy of fire insurance. Before Brubaker, J. When William F. McSparran, one of the plaintiffs, was on the stand, he was asked this question by defendant’s counsel on cross-examination: “ Q. Did you furnish any other proof of loss arising out of this fire, to this company ? ” Objected to by the plaintiffs’ counsel.
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Appeal, No. 381, Jan. T., 1898, by defendant, from judgment of C. P. Lancaster Co., April T., 1897, No. 48, on verdict for plaintiffs. Assumpsit on .a policy of fire insurance. Before Brubaker, J. When William F. McSparran, one of the plaintiffs, was on the stand, he was asked this question by defendant’s counsel on cross-examination: “ Q. Did you furnish any other proof of loss arising out of this fire, to this company ? ” Objected to by the plaintiffs’ counsel. The Court: We would like to know the purpose of the offer. Mr. Hensel: To test the credibility of the witness. In order to impeach…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The evidence going to the credibility of McSparran should have been admitted. He was the main witness for the plaintiffs, and it was conceded that his testimony as to the value of the goods burned differed materially from the value as stated by himself in the proofs of loss. He had offered an explanation, the truth and satisfactoriness of which was for the jury to pass upon. Defendant offered to show that he had made an intentional misstatement as to double insurance, in another proof of loss to the same company on goods claimed to have been lost in the same…
2Cases cited9 opinions
- Whitmore v. Dwelling House Ins.Supreme Court of Pennsylvania · 1892
- Jensen v. McCorkellSupreme Court of Pennsylvania · 1898
- Kalmutz v. Northern Mutual InsuranceSupreme Court of Pennsylvania · 1898
- Tanner v. HughesSupreme Court of Pennsylvania · 1867
- London Assurance Corp. v. RussellSuperior Court of Pennsylvania · 1896
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3Cited by21 opinions
- Harrison v. WelshSupreme Court of Pennsylvania · 1929
- Beeman v. Supreme LodgeSupreme Court of Pennsylvania · 1906
- Herman Baldwin and Tom Goff v. Fidelity Phenix Fire Insurance Company of New York, a CorporationCourt of Appeals for the Sixth Circuit · 1958
- St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
- In re VandergriftDistrict Court, W.D. Pennsylvania · 1964
16 more not listed; retrieve them via the Exa API.