Commonwealth Mutual Fire Insurance v. Huntzinger
Supreme Court of Pennsylvania
May 6th 1881. Before Sharswood, C. J., Merour, Gordon, Paxson, Trunkey, Sterrett and Green, JJT. Error to tiie Court of Common Pleas of Lancaster county: Of Muy Term 1881., No. 80. Debt, by F. Huntzinger to use, etc., against tbe Commonwealth Mutual Fire Insurance Company, upon a policy of insurance for $1,200 issued by the defendant, insuring from üre a stock of goods in a frame’store in Tremont, Schuylkill county.
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May 6th 1881. Before Sharswood, C. J., Merour, Gordon, Paxson, Trunkey, Sterrett and Green, JJT. Error to tiie Court of Common Pleas of Lancaster county: Of Muy Term 1881., No. 80. Debt, by F. Huntzinger to use, etc., against tbe Commonwealth Mutual Fire Insurance Company, upon a policy of insurance for $1,200 issued by the defendant, insuring from üre a stock of goods in a frame’store in Tremont, Schuylkill county. The goods were totally destroyed by tíre during the life of the policy. „ On the trial, before Patterson, J., the plaintiff put in evidence the application and policy. The former…
1Opinion of the CourtJustice Trunkey
The application and policy evidence the contract between these parties, and it is stipulated that “ this application shall form a part of this policy of insurance, and all the statements herein shall constitute warranties on the part of the insured.” One of the statements is, that the amount insured on the property is $1,500 in Pennsylvania Mutual, of Columbia. In fact, the amount of insurance was $2,000. To avoid the consequences of a breach of his warranty, Huntzinger called James W. Ziebach, who testified that he was agent for the company defendant, and also for the Pennsylvania Mutual, of…
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