Legal Opinion

Ellis ex rel. Mynton v. Agricultural Insurance

Superior Court of Pennsylvania

Decided April 26, 1898No. Appeal, No. 14PublishedCited by 3 opinions

Appeal, No. 14, March T., 1898, by defendant, from judgment of C. P. Huntington County, Dec. Term, 1895, No. 30, on verdict for plantiff. Assumpsit on policy of insurance. Before Bailey, P. J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $555.83. Defendant appealed. Error assigned among others was (9) refusal of binding instructions for defendant.

1Opinion of the Court

Opbkioy by

Porter, J.,

This, happily, is an unusual case. The husband insured the property of his wife against fire. This was followed soon after by a conflagration. The wife was away from home, and the husband was the sole occupant of the house at the time. On the return of the wife, she was, as she testified, convinced that her husband had set fire to the premises. This belief was based on the fact that so many of her household goods had been removed and saved, and on a remark he had made to her a few months preceding, which had awakened her suspicions. Notwithstanding these facts, she…

2Cases cited2 opinions

  1. Schreiber v. SharplessSupreme Court of the United States · 1884
  2. Lebanon Mutual Insurance v. KeplerSupreme Court of Pennsylvania · 1884

3Cited by3 opinions

  1. Jacoby v. North British & Mercantile InsuranceSuperior Court of Pennsylvania · 1899
  2. Reiter v. Michigan Commercial InsuranceSuperior Court of Pennsylvania · 1915
  3. STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY v. SIGISMONDI FOREIGN CAR SPECIALISTS, INC.District Court, E.D. Pennsylvania · 2021

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