Legal Opinion

State Mutual Fire Insurance v. Smith

Superior Court of Pennsylvania

Decided April 13, 1896No. Appeal, No. 5PublishedCited by 3 opinions

Appeal, No. 5, Feb. T., 1896, by plaintiff, from judgment of C. P. Union Co., Sept. T., 1894, No. 185, on verdict in favor of defendant. - Appeal by defendant from judgment of a justice in favor of plaintiff for $101.89. Before McClure, P. J.; verdict for defendant.

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Appeal, No. 5, Feb. T., 1896, by plaintiff, from judgment of C. P. Union Co., Sept. T., 1894, No. 185, on verdict in favor of defendant. - Appeal by defendant from judgment of a justice in favor of plaintiff for $101.89. Before McClure, P. J.; verdict for defendant. It appeared from tbe evidence that the plaintiff was a mutual insurance company, and that claim was made by the said plaintiff to recover three several assessments on a premium note., The defense was that defendant had been induced to give the note and take out a policy dated September 14,1891, by reason of certain representations…

1Opinion of the Court

Opinion by

Willard, J.,

As this case- was presented in the court below it is not surprising .that the learned trial judge lost sight of an important question involved in the case. It certainly was not presented to him as it should have been, if at all, and in the hurry of the trial the true status of the appellee evidently did not occur to him, and he is not to be censured for the error. We cannot, *473however, let it go without correction. That there was want of good faith on the part of the secretary of the insurance company in his negotiations with the appellee for the policy clearly appears.

The…

2Cases cited2 opinions

  1. Howard v. TurnerSupreme Court of Pennsylvania · 1893
  2. Dettra v. KestnerSupreme Court of Pennsylvania · 1892

3Cited by3 opinions

  1. Schofield v. LeachSuperior Court of Pennsylvania · 1900
  2. Brown v. AllebachU.S. Circuit Court for the District of Eastern Pennsylvania · 1908
  3. Moore v. SchaferSuperior Court of Pennsylvania · 1901

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