Diffenbaugh v. Union Fire Ins.
Supreme Court of Pennsylvania
Appeal, No. 140, July T., 1891, by plaintiff, from judgment of C. P. Lancaster Co., March T., 1889, No. 16, nonsuit, in assumpsit on fire insurance policy. The title of plaintiff in the suit was amended from “ Emma M. Diffenbaugh ” to “ Henry Diffenbaugh, agent for and for use of Emma M. Diffenbaugh, wife of Henry Diffenbaugh.”
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Appeal, No. 140, July T., 1891, by plaintiff, from judgment of C. P. Lancaster Co., March T., 1889, No. 16, nonsuit, in assumpsit on fire insurance policy. The title of plaintiff in the suit was amended from “ Emma M. Diffenbaugh ” to “ Henry Diffenbaugh, agent for and for use of Emma M. Diffenbaugh, wife of Henry Diffenbaugh.” The evidence was to the following effect, on the trial before Livingston, P. J.: The title to the realty on which the buildings insured were located was in Mrs. Diffenbaugh. On March 31, 1875, she had a certificate of the court entitling her to her separate earnings.…
1Opinion of the Court
Opinion by
Me. Chief Justice Paxson,
This was an action in the court below to recover the amount of loss sustained under a fire insurance policy. Upon the trial below, the plaintiff offered the policy in evidence, which, upon objection, was excluded by the court. The ground for this ruling was that the policy was in the name of Henry Diffenbaugh, while the suit was brought in the name of Emma M. Diffenbaugh, his wife. In other words, the husband insured the property in his own name, while the insurable interest and title thereto was in his wife. The learned judge also declined to permit the…
2Cases cited1 opinion
- Harris v. York Mutual InsuranceSupreme Court of Pennsylvania · 1865
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- Schiavoni v. Dubuque Fire & Marine InsuranceSuperior Court of Pennsylvania · 1911
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