Gould v. Dwelling-House Ins.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OE BRADFORD COUNTY. No. 2 July Term 1889,' Sup. Ct.; court below, No. 219 September Term 1888, C. P. On June 8,1888, Lafayette Gould brought assumpsit against tbe Dwelling-house Insurance Company, of Boston, upon a policy of insurance against fire, issued by the defendant to the plaintiff. The defendant’s plea was non-assumpsit.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OE BRADFORD COUNTY. No. 2 July Term 1889,' Sup. Ct.; court below, No. 219 September Term 1888, C. P. On June 8,1888, Lafayette Gould brought assumpsit against tbe Dwelling-house Insurance Company, of Boston, upon a policy of insurance against fire, issued by the defendant to the plaintiff. The defendant’s plea was non-assumpsit. At the trial on February 11, 1889, it was shown as follows: In September, 1887, C. S. Russell was the agent of the defendant company at Towanda, Pennsylvania, under a written certificate of appointment, executed on…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
In regard to the first assignment of error, to the overruling of the defendant’s objection to the proofs of loss, it would have been more regular and much better practice to have heard the evidence of a waiver first, and then passed upon the admissibility of the proofs of loss. But if the evidence of waiver was in fact, though subsequently given, sufficient to take that question to the jury, then it was a mere matter of the order of proof, which is within the discretion of the judge.
That a statement was furnished within the stipulated time is admitted, but that it…
2Cases cited14 opinions
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Kister v. Lebanon Mutual Ins., Pennsylvania Court of Common Pleas, York County1889
- Girard Life Insurance, Annuity & Trust Co. v. Mutual Life InsuranceSupreme Court of Pennsylvania · 1881
- Lycoming County Mutual Insurance v. SchollenbergerSupreme Court of Pennsylvania · 1863
- National Ins. v. Brown, Pennsylvania Court of Common Pleas, Crawford County1889
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3Cited by53 opinions
- Medford v. Pacific National Fire InsuranceOregon Supreme Court · 1950
- Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
- Travelers' Ins. Co. of Hartford v. NaxCourt of Appeals for the Third Circuit · 1905
- Whitmore v. Dwelling House Ins.Supreme Court of Pennsylvania · 1892
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
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