Everett v. Niagara Ins.
Pennsylvania Court of Common Pleas, Clinton County
No. 156 July Term 1890, Sup. Ct.; court below, Nos. 140 January Term 1888, 37 February Term 1889, C. P. To No. 140 January Term 1888, of the court below, J. F. Everett, for the use of E. L. Sedam and others, brought assumpsit against the Niagara Insurance Company of the city of New York, upon a policy of insurance.against loss by fire, issued by the defendant company.
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No. 156 July Term 1890, Sup. Ct.; court below, Nos. 140 January Term 1888, 37 February Term 1889, C. P. To No. 140 January Term 1888, of the court below, J. F. Everett, for the use of E. L. Sedam and others, brought assumpsit against the Niagara Insurance Company of the city of New York, upon a policy of insurance.against loss by fire, issued by the defendant company. The policy contained the following clause: “ 9. It is hereby expressly provided that no suit or action against this company, for the recovery of any claim by virtue of this policy, shall be sustainable in any court of law or…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
The only question raised by the assignments of error is the correctness of the judgment entered for plaintiff on the verdict, instead of being entered for defendant, on the reserved point. The point was imperfectly reserved, as the vital fact was omitted, to wit, the limitation in the policy as to the time of bringing suit. But, as this omission was manifestly a mere-oversight, and both parties as well as the court have treated that fact as established in the case, we proceed to consider it.
The policy stipulated that no action upon it should be sustained unless…
2Cases cited7 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Hocking v. Howard InsuranceSupreme Court of Pennsylvania · 1889
- National Ins. v. Brown, Pennsylvania Court of Common Pleas, Crawford County1889
- Farmers' Mutual Fire Ins. v. BarrSupreme Court of Pennsylvania · 1880
- Winrow v. RaymondSupreme Court of Pennsylvania · 1846
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3Cited by8 opinions
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- Farmers Tr. Co. v. Alexander (Et Al.)Supreme Court of Pennsylvania · 1939
- Crouse Adoption CaseSupreme Court of Pennsylvania · 1954
- Gangloff's EstatePennsylvania Orphans' Court, Schuylkill County · 1941
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