Legal Opinion

Swingle v. Sun Insurance Office

Superior Court of Pennsylvania

Decided March 11, 1907No. Appeal, No. 198PublishedCited by 1 opinion

Appeal, No. 198, Oct. T., 1906, by-defendant, from judgment of G. P. Bradford Co., Sept. T., 1905, No. 225, on verdict for plaintiff in case of Alton T. Swingle v. Sun Insurance Office. Assumpsit on a policy of fire insurance. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,306.04. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Morrison, J.,

This is an action of assumpsit upon a policy of fire insurance issued September 15, 1904, to the plaintiff, insuring “his stock of merchandise, the usual variety carried in a country store, contained in his one and one-half story and basement, frame, shingle roof, store building, situate east side of Main Street, Laddsburg, Penn.” The amount of insurance was $1,250 and the term one year. A fire occurred February 24, 1905, destroying the building and goods.

The defense is that the plaintiff was not individually engaged in the mercantile business at Laddsburg, but that he…

2Cases cited3 opinions

  1. Lycoming Insurance v. BarringerIllinois Supreme Court · 1874
  2. Burson v. Fire Ass'n, Pennsylvania Court of Common Pleas, Monroe County1890
  3. Pittsburgh Insurance v. FrazeeSupreme Court of Pennsylvania · 1884

3Cited by1 opinion

  1. Engle v. Capital Fire InsuranceSuperior Court of Pennsylvania · 1921

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