Lebanon Mutual Insurance v. Erb
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Centre county : Of January Term, 1886, No. 158. This was an action .of covenant by John Erb against the Lebanon Mutual Insurance Company on a.policy of fire insurance issued by defendant to the plaintiff. The defendant pleaded covenants performed absque hoc.
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Error to the Court of Common Pleas of Centre county : Of January Term, 1886, No. 158. This was an action .of covenant by John Erb against the Lebanon Mutual Insurance Company on a.policy of fire insurance issued by defendant to the plaintiff. The defendant pleaded covenants performed absque hoc. The facts as they appeared on the trial of the ease before Krebs, P. J., of the 46th Judicial District holding special court, sufficiently appear in the charge of the court and in the opinion of the Supreme Court. The defendant presented the following points for charge : 1. Under the terms of the…
1Opinion of the CourtJustice Clark
The Lebanon Mutual Insurance Company, by way of defense, against the payment of this loss, allege : first, the title to the property was not in John Erb; second, the premium for the insurance was not paid; third, the premises were vacant or unoccupied at the time of the fire ; fourth, the notice of the loss was not given forthwith ; and fifth, the proofs of loss were not forwarded in ten days.
The property insured was a tannery, situate at Port Matilda, in Centre County. The title, it is conceded, had been in one Dr. Myer, from whom, on the 25th of April, 1882, it was sold by the sheriff, and…
2Cited by39 opinions
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- Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
- McEvoy v. Quaker City Cab Co.Supreme Court of Pennsylvania · 1920
- J. Purdy Cope Hotels Co. v. Fidelity-Phenix Fire InsuranceSuperior Court of Pennsylvania · 1937
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