Elliott v. Teutonia Insurance
Superior Court of Pennsylvania
Appeal, No. 62, April T., 1902, by plaintiff, from order of C. P. No. 1, Allegheny Co., Dec. T., 1900, No. 847, refusing to take off nonsuit in case of B. K. Elliott and George Best, trading as the Elliott Electric Blue Print Company v. Teutonia Insurance Company. Assumpsit on a policy of fire insurance. Before Collier, J. The opinion of the Superior Court states the case. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
William W. Porter, J.,
This suit is brought by the plaintiffs upon a specific policy of insurance against loss by fire, containing three items: first, *361a stated amount on certain stock ; second, a stated amount on certain machinery; third, a stated amount on factory and office furniture, fixtures, etc. The testimony of one of the plaintiffs is unequivocal, that the machinery, covered by the second item, did not belong to the plaintiffs, but to a third party who permitted the plaintiffs to use the machinery until new machinery should be acquired, with option to purchase the old…
2Cases cited4 opinions
- Grandin v. Rochester German InsuranceSupreme Court of Pennsylvania · 1884
- Schroedel v. Humboldt Fire Ins.Supreme Court of Pennsylvania · 1893
- Moore v. Susquehanna Mutual Fire InsuranceSupreme Court of Pennsylvania · 1900
- Diffenbaugh v. Union Fire Ins.Supreme Court of Pennsylvania · 1892
3Cited by5 opinions
- Kanefsky v. National Commercial Mutual Fire InsuranceSuperior Court of Pennsylvania · 1943
- Schiavoni v. Dubuque Fire & Marine InsuranceSuperior Court of Pennsylvania · 1911
- Holmes v. Allemannia Fire InsuranceSuperior Court of Pennsylvania · 1921
- Benchoff v. Paradise Mutual Insurance, Pennsylvania Court of Common Pleas, Adams County1958
- Henry v. First & Farmers National Bank & Trust Co., Pennsylvania Court of Common Pleas, Susquehanna County1932