Olyphant Lumber Co. ex rel. Mc-Gouldrick v. Peoples' Mutual Live Stock Insurance
Superior Court of Pennsylvania
Appeal No. 5, Jan. T., 1897, by plaintiff, from refusal of C. P. Lackawanna Co., Nov. T., 1893, No. 691, to take off compulsory nonsuit. Assumpsit on policy of insurance.
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Appeal No. 5, Jan. T., 1897, by plaintiff, from refusal of C. P. Lackawanna Co., Nov. T., 1893, No. 691, to take off compulsory nonsuit. Assumpsit on policy of insurance. Before Edwabds, J. The Olyphant Lumber Company sold a horse insured in defendant company to the use plaintiff, Patrick McGouldrick, a part of the agreement being that the title to the horse should not pass and the money should be refunded if they could not secure the approval of the insurance company to the transfer of the policy. Several days elapsed before the application for approval of the assignment was made to the…
1Opinion of the Court
Opinion by
Rice, P. J.,
One of the conditions of the policy in suit reads as follows : “ That the holder of this policy shall not transfer it to another without the consent of this company in writing and must immediately notify the company of the sale of any animal insured, and surrender the policy for cancellation. The company will not be liable for losses under policies otherwise transferred.” Section 7 of the by-laws of the association provides: “Each member shall abide by and conform to all the conditions and agreements named in his or her policy. A failure to do so shall cause a forfeiture…
2Cases cited2 opinions
- Girard Fire & Marine Insurance v. HebardSupreme Court of Pennsylvania · 1880
- Davidson v. Guardian Assurance Co.Supreme Court of Pennsylvania · 1896
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- SPIRES Et Ux. v. Hanover Fire Ins. Co.Supreme Court of Pennsylvania · 1950
- Semple v. State Farm Mutual Automobile Insurance Co.District Court, E.D. Pennsylvania · 1963
- Donovan v. New York Casualty Co.Supreme Court of Pennsylvania · 1953
- Pearson Mfg. Co. v. Pittsburgh Steamboat Co.Supreme Court of Pennsylvania · 1932
- First National Bank of Jessup v. CappelliniSuperior Court of Pennsylvania · 1942
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