Franklin Fire Insurance v. Findlay
Supreme Court of Pennsylvania
Error to the District Court for the City and County of Philadelphia. This was an action of covenant brought by Hugh Findlay, to the use of Andrew B. Spence, his assignee, against the Franklin Fire Insurance Company of Philadelphia, on a policy of insurance dated the 3ist day of January, 1831, whereby the defendants insured “ merchandise such as is usually kept in a country store, contained in two two-story frame stores and warehouses, designated as Nos. 1 and 10, in a. plot…
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Error to the District Court for the City and County of Philadelphia. This was an action of covenant brought by Hugh Findlay, to the use of Andrew B. Spence, his assignee, against the Franklin Fire Insurance Company of Philadelphia, on a policy of insurance dated the 3ist day of January, 1831, whereby the defendants insured “ merchandise such as is usually kept in a country store, contained in two two-story frame stores and warehouses, designated as Nos. 1 and 10, in a. plot on file in the office, situate on the east and west side of Main street in the town of South Florence, Alabama.” “ On…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
The first error assigned, which is an exception to the opinion of the court below, in permitting the plaintiff to amend his declaration, cannot be sustained. By the act of 21st of March, 1806, it is made the imperative duty.of the court, either on or before the trial of the cause, to permit the plaintiff to amend any informality in his declaration, or the defendant any informality in his plea, which may affect the merits of the case. The only objection made to the court’s allowing the amendment to be made here is, that it was too late. But,…
2Cases cited1 opinion
- Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
3Cited by4 opinions
- Union Insurance v. BarwickNebraska Supreme Court · 1893
- Herman Bros. v. Katz Bros.Tennessee Supreme Court · 1898
- Hammel v. Queen's InsuranceWisconsin Supreme Court · 1882
- Rice v. TowerMassachusetts Supreme Judicial Court · 1854