Boyce v. Hamburg-Bremen Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 51, Jan. T., 1904, by plaintiff, from decree of C. P. Luzerne Co., May T., 1901, No. 7, dismissing bill in equity in case of Anna Boyce and t.he Union Dime Permanent Loan Association, Mortgagee, v. The Hamburg-Bremen Fire Insurance Company of Hamburg, Germany. Bill in equity to reform fire insurance policy. Before Little, P. J., specially presiding.
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Appeal, No. 51, Jan. T., 1904, by plaintiff, from decree of C. P. Luzerne Co., May T., 1901, No. 7, dismissing bill in equity in case of Anna Boyce and t.he Union Dime Permanent Loan Association, Mortgagee, v. The Hamburg-Bremen Fire Insurance Company of Hamburg, Germany. Bill in equity to reform fire insurance policy. Before Little, P. J., specially presiding. The court found the facts to be as follows : On February 12,1900, M. H. McAniff, upon behalf of the Union Dime Permanent Loan Association, interested as mortgagee in the several properties, and also upon behalf of Mrs. Anna Boyce, an…
1Opinion of the Court
Opinion by
Henderson, J.,
A conclusive answer to the plaintiffs’ complaint in this case, is that it is'neither proved nor alleged in the bill that the defendant contracted with the complainants to insure the property which it is sought by this proceeding to cover by the policy. Giving to the bill the most favorable interpretation in favor of the ‘ plaintiffs, it alleges that an order was given an agent of the defendant to insure a certain building; that the agent by mistake wrote a policy on another building of the same owner, “ whereas the true intent of the parties applying for the insurance…
2Cases cited3 opinions
- Mead v. . Westchester Fire Insurance Co.New York Court of Appeals · 1876
- Cooper v. Farmers' Mutual Fire InsuranceSupreme Court of Pennsylvania · 1865
- Sawyer v. HoveyMassachusetts Supreme Judicial Court · 1862
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- McEvoy v. M. Samuels & Sons., Inc.Supreme Court of Pennsylvania · 1923
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