Elliott v. Ashland Mut. F. Ins.
Supreme Court of Pennsylvania
EKROK TO THE COUNT OE COMMON PLEAS OE SCHUYLKILL COUNTY. No. 382 January Term 1887, Sup. Ct.; court below, No. 391 May Term 1885, C. P. On April 21, 1885, an action of covenant was begun by Michael Elliott, for use of Susan Dougherty, against The Ash-land Mutual Eire Insurance Co., of Pennsylvania, to recover upon a policy .of insurance. The plea was, “non infregit conventionem, performed, with leave to give in evidence special matter.”
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EKROK TO THE COUNT OE COMMON PLEAS OE SCHUYLKILL COUNTY. No. 382 January Term 1887, Sup. Ct.; court below, No. 391 May Term 1885, C. P. On April 21, 1885, an action of covenant was begun by Michael Elliott, for use of Susan Dougherty, against The Ash-land Mutual Eire Insurance Co., of Pennsylvania, to recover upon a policy .of insurance. The plea was, “non infregit conventionem, performed, with leave to give in evidence special matter.” At the trial on March 17, 1886, before Cyrus L. Pershing, P. J., the following facts appeared: On March 18,1878, Michael Elliott, the owner in fee of a house…
1Opinion of the Court
Opinion,
Me. Justice Clabk:
The policy in suit was “ issued instead of one bearing the same number upon payment by the insured of the policy fee of one dollar, as per resolution of the directors extending the-time of all renewed policies to five years.” It was not in the form of a renewal; it would seem to have been intended as an extension or continuance of the renewal policy of March 18,. 1881. Both bore the same number, referred to the same application, and were upon the same property; one was given “instead” of the other, “extending the time ” to five years. It may be, therefore, that…
2Cases cited6 opinions
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
- Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
- Pennsylvania Fire Insurance v. DoughertySupreme Court of Pennsylvania · 1883
- Reed v. LukensSupreme Court of Pennsylvania · 1863
- Millville Mutual Fire Ins. v. WilgusSupreme Court of Pennsylvania · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Insurance Co. of North America v. EricksonSupreme Court of Florida · 1905
- Livingstone v. Boston InsuranceSupreme Court of Pennsylvania · 1916
- Dunsmore, Receiver v. Franklin F. I. Co.Supreme Court of Pennsylvania · 1929
- Palmetto Fire Insurance v. FanslerSupreme Court of Virginia · 1925
- Prospect Dye Works v. Federal InsuranceSuperior Court of Pennsylvania · 1907
2 more not listed; retrieve them via the Exa API.