American Underwriter's Ass'n v. George
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1880, No. 56. Assumpsit, by M. A. George against the American Underwriter’s Association of Philadelphia, upon a policy of fire insurance for §1200, upon a certain property described as “situated 22 miles N. W. of the city of Paris, Lamar county, in the state of Texas.” Pleas non assumpsit, payment with leave, &c.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1880, No. 56. Assumpsit, by M. A. George against the American Underwriter’s Association of Philadelphia, upon a policy of fire insurance for §1200, upon a certain property described as “situated 22 miles N. W. of the city of Paris, Lamar county, in the state of Texas.” Pleas non assumpsit, payment with leave, &c. Upon the trial, before Mitchbll, J., the plaintiff claimed that the policy sued upon had been issued to ‘‘ T. J. Hadley (agent and attorney in fact for Mrs. M. A. George) of Paris Texas,” by one John E.…
1Opinion of the CourtJustice Gordon
Several errors occurred in the trial of this case in the court below, and they are of a character so obvious that but little argument is necessary to develop thorn.
1. In the face of the defendants’ objection, it was certainly erroneous to admit the policy in evidence without proof of its execution. About a proposition so very plain as this there can be no doubt, and it needs but to bo stated in order to exhibit its unsoundness.
2. The policy purports to have been issued by John E. Barry, as sub-agent of the defendant for the state of Texas, and who was supposed to have received his appointment…
2Cited by8 opinions
- American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1908
- Levinton v. Ohio Farmers InsuranceSupreme Court of Pennsylvania · 1920
- Donohoe's EstateSupreme Court of Pennsylvania · 1922
- Pore v. Duke Et Ux.Supreme Court of Pennsylvania · 1931
- Wally v. JonesSupreme Court of Pennsylvania · 1922
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