Niagara F. Ins. v. Fidelity Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 230 October Term 1888, Sup. Ct.; court below, No. 648 September Term 1888, C. P. No. 1. On September 3, 1888, a summons in assumpsit issued in an action by the Fidelity Title and Trust'Co., of Pittsburgh, trustee, for the use of the Western University of Pennsylvania, against the Niagara Fire Insurance Co., of New York.
Read the full summary
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 230 October Term 1888, Sup. Ct.; court below, No. 648 September Term 1888, C. P. No. 1. On September 3, 1888, a summons in assumpsit issued in an action by the Fidelity Title and Trust'Co., of Pittsburgh, trustee, for the use of the Western University of Pennsylvania, against the Niagara Fire Insurance Co., of New York. The statement of the plaintiff, filed, set forth: That the defendant on April 14, 1887, issued to the plaintiff a certain policy of insurance in the sum of $4,625, insuring against loss or damage by fire or…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
When the judgment was entered in this case, a copy of the policy of insurance sued on, and an affidavit of defence, were on file. The question in the court below, and now before us, is whether the affidavit disclosed a good defence to the action on the policy. The following provision made part of the contract between the parties: “ When this company shall claim that the fire was caused by an act or omission of any person, town, or corporation, which created a cause of action, the party to whom the loss is payable under this policy shall, on receiving payment,…
2Cases cited4 opinions
- Henry v. RaimanSupreme Court of Pennsylvania · 1855
- Williams v. BentleySupreme Court of Pennsylvania · 1856
- Adams v. WilliamsSupreme Court of Pennsylvania · 1841
- Keeler & Co. v. SchmertzSupreme Court of Pennsylvania · 1863
3Cited by8 opinions
- Illinois Automobile Insurance Exchange v. BraunSupreme Court of Pennsylvania · 1924
- Roberts v. Fireman's Ins. Co. of NJSupreme Court of Pennsylvania · 1954
- Brown v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1910
- Gerlach v. Grain Shippers Mutual Fire InsuranceSupreme Court of Iowa · 1912
- Rogers v. American Fidelity & Casualty Co.New Jersey Superior Court Appellate Division · 1958
3 more not listed; retrieve them via the Exa API.