Blooming Grove Mutual Fire Insurance v. McAnerney
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lycoming cotmt/y : Of July Term 1882, No. 161. Covenant, on a policy of fire insurance, by John H. Mc-Anerney against the Blooming Grove Mutual Fire Insurance Company. Pleas, covenants performed absque hoc, payment, and payment with leave. On the trial, before Cfmmin, J., the plaintiff put the policy in evidence. It was admitted that the property was totally destroyed by fire within the period of time covered by the policy.
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Error to the Court of Common Pleas of Lycoming cotmt/y : Of July Term 1882, No. 161. Covenant, on a policy of fire insurance, by John H. Mc-Anerney against the Blooming Grove Mutual Fire Insurance Company. Pleas, covenants performed absque hoc, payment, and payment with leave. On the trial, before Cfmmin, J., the plaintiff put the policy in evidence. It was admitted that the property was totally destroyed by fire within the period of time covered by the policy. The defendant put in evidence the application, the statements in which were warranted by the assured to be true, in which it was…
1Opinion of the CourtJustice Paxson
' This was an action of covenant upon a policy of insurance. The dwelling house insured was totally destroyed by fire. The company set up a breach of warranty ás a defence.
The application contained among a number of other questions which were answered by the assured, the following: *337“ What incumbrances on the property' ?” which was answered, so written down, and signed by the assured, “Noiie.” The application contained this provision : “ This application shall form a part of the policy of insurance, and all the statements herein made shall constitute warranties on the part of the insured.” At…
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