Franklin Fire Insurance v. Gruver
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of I/uzerne county: Of January Term 1881, No. 165. Debt, upon, a policy of fire insurance, by John A. Graver against the Franklin Fire Insurance Company.
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Error to the Court of Common Pleas of I/uzerne county: Of January Term 1881, No. 165. Debt, upon, a policy of fire insurance, by John A. Graver against the Franklin Fire Insurance Company. The defendant filed several pleas, but the only issue on which the case was tried was upon a special plea, averring that the plaintiff had violated the following condition, contained in the policy 1. . . , “If the risk shall be increased from any cause whatever’, within the knowledge of the assured, during the continuance of the insurance, notice thereof shall be given to the company, and consent to such…
1Opinion of the CourtJustice Gordon
We cannot sustain the complaint made against the admissioxi of the Mench lease. Mench had erected, on gx-ound leased froxn the plaintiff, one of the houses which was said to have increased the risk to the insured premises, and it was altogether proper to show that that lease antedated the policy, for 'this tended to prove that Graver in no way, even by implication, assented to the objectionable erections. .
It is true, as the case now presents itself to us, this evidence was of very little xnoment, but as it was tried in the court below, we ¡think, with the learned judge, it had soxne bearing…
2Cases cited1 opinion
- Williams v. . People's Fire Insurance Co.New York Court of Appeals · 1874
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- Huck-Gerhardt Co. v. KendallSuperior Court of Pennsylvania · 1959
- Hicks v. DavisSupreme Court of Oklahoma · 1912
- Lineoski v. Susquehanna Coal Co.Supreme Court of Pennsylvania · 1893
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