Mentz v. Armenia Fire Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: Of October and November Term 1875, No. 158. This action was assumpsit, brought April 6th 1874, by J. M. Mentz against The Armenia Fire Insurance Company, to recover for a loss from fire sustained by the plaintiff on a stock of store goods in Titusville, insured by the defendants.
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Error to the Court of Common Pleas of Crawford county: Of October and November Term 1875, No. 158. This action was assumpsit, brought April 6th 1874, by J. M. Mentz against The Armenia Fire Insurance Company, to recover for a loss from fire sustained by the plaintiff on a stock of store goods in Titusville, insured by the defendants. The policy was issued October 13th 1873, and according to its provisions was countersigned by Murray & Clow, the general agents of the company at that place ; the amount insured was $400. The plaintiff’s same stock of goods was, at the time he effected this…
1Opinion of the CourtJustice Sharswood
There can be no doubt that if this case stood upon a general arbitration clause in the policy alone, it would fall within the principle settled by this court, conformably to all the previous English authorities, in Gray v. Wilson, 4 Watts 41 ; Snodgrass v. Gavit, 4 Casey 224, and Lauman v. Young, 7 Id. 310; that it is not in the power of the parties to a contract to oust the courts of their jurisdiction.
The cases in which the certificate or approbation of any particular person — as the engineer of a railroad company — to the amount of a claim, is made a condition precedent to an action, rest…
2Cases cited2 opinions
- Monongahela Navigation Co. v. FenlonSupreme Court of Pennsylvania · 1842
- Gray v. WilsonSupreme Court of Pennsylvania · 1835
3Cited by17 opinions
- Gratz v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1924
- Ice City, Inc. v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1974
- Levinton v. Ohio Farmers InsuranceSupreme Court of Pennsylvania · 1920
- Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Yost v. McKeeSupreme Court of Pennsylvania · 1897
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