New Holl. Turnp. Co. v. Farmers' Ins.
Pennsylvania Court of Common Pleas, Lancaster County
No. 23 January Term 1891, Sup. Ct.; court'below, No. 22 February Term 1890, C. P. On January 28, 1890, a case stated was filed wherein the New Holland Turnpike Road Company was plaintiff, and the Farmers’ Mutual Insurance Co. of Lancaster county was defendant, setting forth that the plaintiff and defendant were legally constituted corporations, and proceeding : “ 2. That the company defendant by their policy of insurance dated the' twentieth day of January, 1871, insured,…
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No. 23 January Term 1891, Sup. Ct.; court'below, No. 22 February Term 1890, C. P. On January 28, 1890, a case stated was filed wherein the New Holland Turnpike Road Company was plaintiff, and the Farmers’ Mutual Insurance Co. of Lancaster county was defendant, setting forth that the plaintiff and defendant were legally constituted corporations, and proceeding : “ 2. That the company defendant by their policy of insurance dated the' twentieth day of January, 1871, insured, for the company plaintiff in this action, a certain bridge over Conestoga creek, on the route of the New Holland turnpike…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
It was settled in F. M. Ins. Co. v. Turnpike Co., 122 Pa. 37, that the turnpike company had no insurable interest in the bridge in question which would sustain a policy of insurance. *544For this reason, in an action upon the policy to recover the amount of the alleged loss by fire, the turnpike company failed to recover. Assuming that upon this ground the turnpike company might have a right to recover back the premium paid, was not the action barred by the statute of limitations ?
It is conceded that the insurance was effected “ in good faith by both parties ” to the…
2Cases cited3 opinions
- Farmers Mut. Insurance v. New Holland Turnpike Co.Supreme Court of Pennsylvania · 1888
- Fox v. CashSupreme Court of Pennsylvania · 1849
- Lichty v. HugusSupreme Court of Pennsylvania · 1867
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