Legal Opinion

Axe v. Fidelity & Casualty Co.

Supreme Court of Pennsylvania

Decided March 17, 1913No. Appeal, No. 264PublishedCited by 6 opinions

Appeal, No. 264, Jan. T., 1912, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., June T., 1910, No. 5637, for defendant non obstante veredicto in case of Burney Axe, trading as B. Axe & Company, v. Fidelity & Casualty Company of New York. Assumpsit on a policy of burglary insurance. Before Willson, P. J. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 264, Jan. T., 1912, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., June T., 1910, No. 5637, for defendant non obstante veredicto in case of Burney Axe, trading as B. Axe & Company, v. Fidelity & Casualty Company of New York. Assumpsit on a policy of burglary insurance. Before Willson, P. J. The facts are stated in the opinion of the Supreme Court. At the trial the jury returned a verdict for the plaintiff for $2,105. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non obstante…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

This is an action of assumpsit on a burglary insurance policy issued by the defendant company to the plaintiff to insure him to the extent of $2,000 against direct loss by burglary of merchandise between April 29,1910, and April 29, 1911, occasioned by its felonious abstraction from the premises occupied by him in the building known as 1023, 1025 and 1027 Race street, in the City of Philadelphia. The case was submitted to the jury and a verdict was returned for the plaintiff. On motion of counsel the court below entered judgment for the defendant non obstante…

2Cited by6 opinions

  1. Morgan Smith Automotive Products, Inc. v. Continental InsuranceSupreme Court of Pennsylvania · 1965
  2. Hubbard v. Globe Indemnity Co.Superior Court of Pennsylvania · 1925
  3. Grover v. Hartford Accident & Indemnity Co.Missouri Court of Appeals · 1932
  4. J. B. Liebman & Co. v. Aetna Casualty & Surety Co.Superior Court of Pennsylvania · 1936
  5. Kaplan v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1930

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