Mentz v. Lancaster Fire Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: Of October and November Term 1875, No. 157. This was an action of assumpsit, brought April 6th 1874, by J. M. Mentz against The Lancaster Fire Insurance Company. The action was to recover for loss by fire of the plaintiffs stock of dry goods, insured by the defendants, in a storehouse in Titus-ville.
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Error to the Court of Common Pleas of Crawford county: Of October and November Term 1875, No. 157. This was an action of assumpsit, brought April 6th 1874, by J. M. Mentz against The Lancaster Fire Insurance Company. The action was to recover for loss by fire of the plaintiffs stock of dry goods, insured by the defendants, in a storehouse in Titus-ville. The defence was that the plaintiff had, contrary to the stipulations in the policy, effected an additional insurance on his goods in the Armenia Insurance Company, without the consent of the defendants endorsed on his policy. The casé was…
1Opinion of the CourtJustice Shakswood
It was admitted on the trial of the cause below that Murray & Clow were the agents at Titusville of the defendants in error and of The Armenia Fire Insurance Company. There was no evidence tending to show that their powers were special. It must be assumed then that they were authorized to act as the general agents of the companies in all matters relating to the effecting of insurance on their behalf. It may be conceded that as such general agents they would have no power to waive any express condition in the policy. But the question was not of their power to do this, but whether their…
2Cited by22 opinions
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- Gough v. HalperinSupreme Court of Pennsylvania · 1931
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Thomas v. Employers Liability Assurance Corp. Ltd. of LondonSupreme Court of Pennsylvania · 1925
- Isaac v. Donegal & Conoy Mut. Fire Ins.Supreme Court of Pennsylvania · 1932
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