Manhattan Insurance v. Webster
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of JErie county: No. 71, to October and November Term 1868. This was an action of debt, commenced March 5th 1867, by T. Webster, for the use of himself and William Cross, against The Manhattan Insurance Company. The suit was brought on a policy issued by the defendants, August 14th 1866, to T. Webster, insuring him against loss by fire, amongst other things, $4000 on 10,000 pounds of wool.
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Error to the Court of Common Pleas of JErie county: No. 71, to October and November Term 1868. This was an action of debt, commenced March 5th 1867, by T. Webster, for the use of himself and William Cross, against The Manhattan Insurance Company. The suit was brought on a policy issued by the defendants, August 14th 1866, to T. Webster, insuring him against loss by fire, amongst other things, $4000 on 10,000 pounds of wool. The wool was destroyed by fire September 13th 1866. The plaintiffs Webster and Cross alleged that the wool belonged to both as partners, and that the insurance covered the…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1869, by
Sharswood, J.
It is contended that the evidence contained in the bill of exceptions admitted by the court and submitted to the jury, tended to contradict, vary or alter the policy of insurance, which was the written contract between the parties, without evidence of fraud, accident or mistake. But was this so ? Did not the evidence, if believed, clearly show a mistake by the agent of the insurance company in drawing up the policy ?
If so, then beyond a question it was admissible on all the authorities in this state, from Hurst’s Lessee…
2Cases cited3 opinions
- Graves & Barnewall v. Boston Marine InsuranceSupreme Court of the United States · 1805
- Murray v. Columbian InsuranceNew York Supreme Court · 1814
- M'Meen v. OwenSupreme Court of Pennsylvania · 1792
3Cited by2 opinions
- Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
- Emery v. ClarkMichigan Supreme Court · 1942