Commonwealth Insurance v. Sennett
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. This was an action of debt by Pardon Sennett, M. R. Barr, Conrad Brown, and J. J. Findley, doing business as Sennett, Barr & Co., against The Commonwealth Insurance Company, on a policy of insurance, dated May 28th 1857, running for six months, and renewed November 28th 1857, for another six months, covering a stock of mowing and reaping machines and tools to the amount of $3000. On the night of the 10th of February 1858, the…
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Error to the Common Pleas of Erie county. This was an action of debt by Pardon Sennett, M. R. Barr, Conrad Brown, and J. J. Findley, doing business as Sennett, Barr & Co., against The Commonwealth Insurance Company, on a policy of insurance, dated May 28th 1857, running for six months, and renewed November 28th 1857, for another six months, covering a stock of mowing and reaping machines and tools to the amount of $3000. On the night of the 10th of February 1858, the property was destroyed by fire, notice of which, without any detailed statement, was given to the company’s agent at Erie, and…
1Opinion of the Court
The opinion of the court was delivered,
by Read, J.
Sixty-five years ago, it was decided by the Court of King’s Bench that what are called preliminary proofs were conditions precedent to the right of the assured in a fire policy to recover, and the judgment was arrested because it was not alleged in the declaration that the certificate signed by the minister and churchwardens, as required in the printed proposals referred to, and incorporated into the policy, was not procured: Worsley v. Wood, 6 Term R. 710. Lord Kenyon says: “ That this is a prudent regulation, this very case is sufficient to…
2Cases cited5 opinions
- Howard v. City Fire InsuranceNew York Supreme Court · 1847
- Moore v. Protection Ins.Supreme Judicial Court of Maine · 1848
- Sexton v. Montgomery County Mutual InsuranceNew York Supreme Court · 1848
- Thurston v. MurraySupreme Court of Pennsylvania · 1811
- Gasche v. PetermanSupreme Court of Pennsylvania · 1842
3Cited by5 opinions
- Peoples M. Accident Ass'n v. SmithSupreme Court of Pennsylvania · 1889
- Baldi v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1906
- Kelly v. Sun Fire OfficeSupreme Court of Pennsylvania · 1891
- Ulysses Elgin Butter Co. v. Hartford Fire InsuranceSuperior Court of Pennsylvania · 1902
- Degenhardt v. Aachen & Munich Fire InsuranceSuperior Court of Pennsylvania · 1910