Legal Opinion

White v. Western Assurance Co. of Canada

Supreme Court of Pennsylvania

Decided October 4, 1886PublishedCited by 1 opinion

Error to the Common Pleas of Warren County to review a judgment on a verdict for the defendant in an action of covenant upon a policy of fire insurance.

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Error to the Common Pleas of Warren County to review a judgment on a verdict for the defendant in an action of covenant upon a policy of fire insurance. The facts, as they appeared at the trial before Brown, P. J., are stated in the charge as follows: On the 12th day of April, 1883, the plaintiff, William White, obtained a policy of insurance from the defendant, insuring property that belonged to him, consisting of patterns, tools, shafting, machinery, etc., belonging to a foundry, against loss by fire. About a month after the insurance was effected the premises burned, and the property of…

1Opinion of the Court

*271Opinion by

Mr. Justice Gordon:

This was an action of covenant on a policy of insurance dated April 12, 1883, by which the defendant undertook to insure against loss by fire the machinery, tools, patterns, etc., belonging to the plaintiff, in and about an iron foundry which was held under a lease from one James Lighty. The assured property, together with the foundry, was destroyed by fire on the 12th of May, just one month after the date of the policy.

The defense was that this policy became and was made null and void in consequence of a breach, by the assured, of the following condition: “If in…

2Cases cited4 opinions

  1. Mears v. Humboldt Ins.Supreme Court of Pennsylvania · 1879
  2. Citizens' Insurance v. McLaughlinSupreme Court of Pennsylvania · 1867
  3. Lancaster Fire Insurance v. George L. Lenheim & Co.Supreme Court of Pennsylvania · 1879
  4. Birmingham Fire Insurance v. KroegherSupreme Court of Pennsylvania · 1877

3Cited by1 opinion

  1. Turner v. DavidsonSupreme Court of Georgia · 1939

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