Frisbie v. Fayette Mutual Insurance
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. This was an action of debt brought on a policy of insurance by Orton Frisbie against the Fayette County Mutual Fire Insurance Company.
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Error to the Common Pleas of Fayette county. This was an action of debt brought on a policy of insurance by Orton Frisbie against the Fayette County Mutual Fire Insurance Company. The policy was for $1500 upon a stock of dry goods and groceries destroyed by fire on the night of the 14th January, 1852. The only question in this case arises on the description of the property contained in the application of the plaintiff to the company for insurance, which was copied by the secretary into the policy. That part of the application material to the case is as follows: “ Application of Orton Frisbie,…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
This suit is founded on a policy on merchandise, in a house which is thus described, “ a frame plastered storehouse,” &c.
Eor several months prior to the loss, no one slept in the store; ' and hence the question is, do the words, “ clerk sleeps in the store,” constitute a warranty for the future, or are they mere matter of description of the mode in which the building was occupied. The court below regarded them as a warranty for the future, and that position has been very skilfully maintained here, but we are not convinced.
These words have not…
2Cases cited4 opinions
- Farmers' Insurance & Loan Co. v. SnyderCourt for the Trial of Impeachments and Correction of Errors · 1836
- New-York Equitable Insurance v. LangdonNew York Supreme Court · 1831
- Stebbins v. Globe InsuranceThe Superior Court of New York City · 1829
- Langdon v. New-York Equitable InsuranceThe Superior Court of New York City · 1828