Marland v. Royal Insurance
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 221, to July Term 1871. This was an action of covenant by Edward Marland and John Haley, trading as Marland & Co., against “ The Boyal Insurance Company of Liverpool.”
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Error to the District Court of Philadelphia: No. 221, to July Term 1871. This was an action of covenant by Edward Marland and John Haley, trading as Marland & Co., against “ The Boyal Insurance Company of Liverpool.” The- declaration was that the defendants, on the 2d of July 1869, executed a policy of insurance to the plaintiffs, by which it was covenanted that the defendants, in consideration of the annual premium of $210 paid by the plaintiffs, would insure the plaintiffs to the extent of $6000 against fire on the machinery, stock, &c., on Broadbe-nt’s Mill in Haddington, Philadelphia. The…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
With all the desire we feel to compel a corporation such as this to keep good faith towards those with whom it deals, we have been unable to discover sufficient evidence in this case of a consummated contract of insurance. This action is in covenant, and is founded directly upon the policy, though it is clear it never was delivered. This brings us at once to the question: Had Marland & Co. entitled themselves to a delivery of the policy ? On this point the first witness of the plaintiffs testifies directly against them. He says the business…
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