Legal Opinion

Eureka Insurance v. Robinson, Rea & Co.

Supreme Court of Pennsylvania

Decided November 21, 1867PublishedCited by 12 opinions

Error to the Court of Common Pleas of Allegheny county: No. 22, to October and November Term 1867. This was an' action of assumpsit, by Robinson, Rea & Co., against the Eureka Insurance Company, on a contract of insurance without a policy issued. The company was authorized to make both fire and marine insurances. The entry of the insurance on their “ Marine Docket” was as follows: — “No. 6570, 1865, June 23d, Wm. II.

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Error to the Court of Common Pleas of Allegheny county: No. 22, to October and November Term 1867. This was an' action of assumpsit, by Robinson, Rea & Co., against the Eureka Insurance Company, on a contract of insurance without a policy issued. The company was authorized to make both fire and marine insurances. The entry of the insurance on their “ Marine Docket” was as follows: — “No. 6570, 1865, June 23d, Wm. II. Churchill, for account, &c., (on) steamboat ‘River Queen,’ $6000. Total insurance inclusive, $12,000, against fire only, while finishing at the wharf at Pittsburg, Pa., (rate) -1…

1Opinion of the Court

The opinion of the court was delivered, November 21st 1867, by

Strong, J.

The plaintiffs in the court below sued upon a contract of insurance, the evidence of which was an entry in the marine docket of the defendants as follows: “No. 6570,1865, *264June 23d. William H. Churchill for account, &e., on steamboat River Queen, $6000. Total insurance inclusive, $12,000, against fire only, while finishing at the wharf at Pittsburg, Pennsylvania. Rate £ per cent, per month from June 23d 1865.”

Afterwards the following entry was made : “ August 1st 1865. Loss, if any, payable to Robinson, Rea & Co. for…

2Cited by12 opinions

  1. Rossi v. Firemen's Insurance Co.Supreme Court of Pennsylvania · 1932
  2. Harris v. Meyers (Et Al.)Superior Court of Pennsylvania · 1947
  3. Eubank v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1925
  4. St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
  5. Field v. Missouri Life Ins. Co.Utah Supreme Court · 1930

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