Pennsburg Manufacturing Co. v. Pennsylvania Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 135, Oct. T., 1900, by-plaintiffs, from judgment of C. P. No. 4, Phila. Co., June T., 1896, No. 975, on verdict for defendant in case of The Pennsburg Manufacturing Company v. The Pennsylvania Fire Insurance Company. Assumpsit on a policy of fire insurance.
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Appeal, No. 135, Oct. T., 1900, by-plaintiffs, from judgment of C. P. No. 4, Phila. Co., June T., 1896, No. 975, on verdict for defendant in case of The Pennsburg Manufacturing Company v. The Pennsylvania Fire Insurance Company. Assumpsit on a policy of fire insurance. Before Willson, J. In addition to the facts stated in the opinion of the Superior Court, it appeared that the contract between the plaintiff and H. C. Coleman was as follows : “ This agreement made and concluded the 16th day of July, 1895, by and between H. C. Coleman, of the Boro of Norris-town, County of Montgomery, and State…
1Opinion of the Court
Opinion by
Rice, P. J.,
Plaintiff declared in assumpsit on a policy of fire insurance dated July 3, 1896, which, it was alleged, was executed and delivered by the defendant to the plaintiff. The defendant pleaded non assumpsit. On the trial the plaintiff produced and offered in evidence the policy. This, with certain admissions, made on the trial, as to the occurrence of the fire, the sending and receipt of proofs of loss, and the amount of the loss, made a prima facie case for the plaintiff.
The defendant then proved, that, although the policy was executed by the defendant’s officers and…
2Cases cited3 opinions
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Royal Ins. v. BeattySupreme Court of Pennsylvania · 1888
- Long v. North British etc. Ins.Supreme Court of Pennsylvania · 1891
3Cited by5 opinions
- Levan v. Pottstown, Phœnixville Ry. Co.Supreme Court of Pennsylvania · 1924
- Moser Manufacturing Co. v. Donegal & Conoy Mutual Fire InsuranceSupreme Court of Pennsylvania · 1949
- Moran v. Household Realty Corp. (In Re Moran)United States Bankruptcy Court, E.D. Pennsylvania · 2000
- DeMarco v. Harleysville Mutual Insurance, Pennsylvania Court of Common Pleas, Delaware County1983
- Kovler v. Easterby, Pennsylvania Court of Common Pleas, Philadelphia County1951