Holmes v. Allemannia Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 156, April T., 1921, by plaintiffs, from judgment of C. P. Allegheny County, July T., 19Í7, No. 2127, refusing to take off compulsory nonsuit in the case of William Holmes, Charles Morris and John W. Grant, v. The Allemannia Fire Insurance Company, a corporation. Assumpsit on a policy of insurance. Before Evans, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 156, April T., 1921, by plaintiffs, from judgment of C. P. Allegheny County, July T., 19Í7, No. 2127, refusing to take off compulsory nonsuit in the case of William Holmes, Charles Morris and John W. Grant, v. The Allemannia Fire Insurance Company, a corporation. Assumpsit on a policy of insurance. Before Evans, J. The facts are stated in the opinion of the Superior Court. At the trial the court entered a compulsory nonsuit, which it subsequently refused to strike off. Plaintiffs appealed. Error assigned was the decree of the court. The plaintiffs were holding the legal title as…
1Opinion of the Court
Opinion by
Trexler, J.,
On November 6, 1921, the appellants took title to a property on Kirkpatrick Street, Pittsburgh. There is nothing upon the face of the deed to show that they had anything but the absolute title. They, however, executed a declaration of trust in which they acknowledged and declared that they held the property in trust for the use and benefit of the congregation of the Church of God and Saints of Christ in the City of Pittsburgh, Pennsylvania. They procured an insurance on the property, taking the policy in their own names. The policy con*339tained the usual clause: “This…
2Cases cited2 opinions
- Schiavoni v. Dubuque Fire & Marine InsuranceSuperior Court of Pennsylvania · 1911
- Elliott v. Teutonia InsuranceSuperior Court of Pennsylvania · 1902
3Cited by3 opinions
- Isaac v. Donegal & Conoy Mut. Fire Ins.Supreme Court of Pennsylvania · 1932
- Kanefsky v. National Commercial Mutual Fire InsuranceSuperior Court of Pennsylvania · 1943
- Benchoff v. Paradise Mutual Insurance, Pennsylvania Court of Common Pleas, Adams County1958