Legal Opinion

Engle v. Capital Fire Insurance

Superior Court of Pennsylvania

Decided March 5, 1921No. Appeal, No. 58PublishedCited by 25 opinions

Appeal, No. 58, Oct. T., 1920, by defendant, from judgment of Municipal Court of Philadelphia, Jan. T., 1919, No. 477, on verdict for plaintiff in the case of Joseph Engle, trading as Enrose Knitting Mills and Daisy Manufacturing Company v. Capital Fire Insurance Company of Concord, New Hampshire. Assumpsit on insurance policy. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $500 and judgment thereon. Defendant appealed.

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Appeal, No. 58, Oct. T., 1920, by defendant, from judgment of Municipal Court of Philadelphia, Jan. T., 1919, No. 477, on verdict for plaintiff in the case of Joseph Engle, trading as Enrose Knitting Mills and Daisy Manufacturing Company v. Capital Fire Insurance Company of Concord, New Hampshire. Assumpsit on insurance policy. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $500 and judgment thereon. Defendant appealed. Errors assigned were various rulings on evidence, the charge of the court, answers to points and refusal to direct a verdict for the…

1Opinion of the Court

Opinion by

Henderson, J.,

The plaintiff’s action was based on a policy of insurance issued by the defendant, covering machinery and a stock of goods on the sixth floor of a building in the City of Philadelphia. The policy was in the name of Joseph Engle, trading as En Rose Knitting Mills and Daisy Mfg. Co. It contained the usual unconditional ownership clause. Two principal defenses were presented at the trial: First, that a brother of the plaintiff was interested with the plaintiff in the business; and secondly, that it was conducted under an assumed or fictitious name — En Rose Knitting Mills…

2Cases cited5 opinions

  1. Gay v. . SeiboldNew York Court of Appeals · 1884
  2. Commonwealth v. EisenhowerSupreme Court of Pennsylvania · 1897
  3. Duroth Manufacturing Co. v. CauffielSupreme Court of Pennsylvania · 1914
  4. Sinnott v. . German-American BankNew York Court of Appeals · 1900
  5. Swingle v. Sun Insurance OfficeSuperior Court of Pennsylvania · 1907

3Cited by25 opinions

  1. Lamb v. CondonSupreme Court of Pennsylvania · 1923
  2. Ross v. McMillanSuperior Court of Pennsylvania · 1953
  3. Rowland v. CanusoSupreme Court of Pennsylvania · 1937
  4. Scott v. PurcellSuperior Court of Pennsylvania · 1979
  5. Merion Township School District v. EvansSupreme Court of Pennsylvania · 1928

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