Royal Ins. v. Beatty
Supreme Court of Pennsylvania
ERROR to THE COURT OF COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 407 January Term 1887, Sup. Ct.; No. 667 March Term 1886, C. P. No. 2. An action of covenant, afterward changed to assumpsit, was brought (when, not shown), by William Beatty against the Royal Insurance Company of Liverpool, to recover upon two policies of insurance, each for $3,000 and for the term of one year expiring at the same time on January 6, 1886. At the trial on June 11, 1887, the evidence, more…
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ERROR to THE COURT OF COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 407 January Term 1887, Sup. Ct.; No. 667 March Term 1886, C. P. No. 2. An action of covenant, afterward changed to assumpsit, was brought (when, not shown), by William Beatty against the Royal Insurance Company of Liverpool, to recover upon two policies of insurance, each for $3,000 and for the term of one year expiring at the same time on January 6, 1886. At the trial on June 11, 1887, the evidence, more fully appearing in the opinion of this court, was to the effect that on the day before the term of the policies expired,…
1Opinion of the Court
Opinion,
Mr. Justice Green :
We find ourselves unable to discover any evidence of a contractual relation between the parties to this litigation. The contract alleged to exist was not founded upon any writing, nor upon any words, nor upon any act done by the defendant. It was founded alone upon silence. While it must be conceded that circumstances may exist which will impose a contractual obligation by mere silence, yet it must be admitted that such circumstances are exceptional in their character and of extremely rare occurrence. We have not been furnished with a perfect instance of the kind by…
2Cited by21 opinions
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