Reck v. Hatboro Mutual Live Stock & Protective Ins.
Supreme Court of Pennsylvania
Appeal, No. 252, Jan. T., 1894, by plaintiff, from judgment of C. P. Montgomery Co., Oot. T., 1892, No. 192, entering nonsuit. Assumpsit on policy of live stock insurance. At the trial, before Weand, J., it appeared that on May 18, 1889, defendant insured against loss by accident a horse belonging to plaintiff.
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Appeal, No. 252, Jan. T., 1894, by plaintiff, from judgment of C. P. Montgomery Co., Oot. T., 1892, No. 192, entering nonsuit. Assumpsit on policy of live stock insurance. At the trial, before Weand, J., it appeared that on May 18, 1889, defendant insured against loss by accident a horse belonging to plaintiff. Section 14 of the company’s by-laws was as follows: “The insurance in this company shall be confined to a distance not exceeding twelve miles from the borough of Hatboro.” Article 10 of the constitution provided that “ No stock shall be insured by this company unless in a healthy…
1Opinion of the Court
Opinion bk
Mb. Justice McCollum,
This is an appeal from the refusal of the court below to set aside a compulsory nonsuit in an action on a policy of insurance. The action was brought to recover compensation for the loss the plaintiff sustained in the death of his horse in a stable in Philadelphia, from an injury received there, and the nonsuit was entered on the ground that by removing his horse from Jenkintown, where the insurance was effected, to the place where the injury was received and the death occurred, he forfeited his right to the indemnity guaranteed by the policy. Two questions are…
2Cases cited2 opinions
- Coventry Mutual Live Stock Insurance v. EvansSupreme Court of Pennsylvania · 1883
- London & Lancashire Fire Insurance v. Lycoming Fire InsuranceSupreme Court of Pennsylvania · 1884
3Cited by3 opinions
- Kinney v. Farmers' Mutual Fire & Ins. SocietySupreme Court of Iowa · 1913
- Brown v. Home InsuranceSuperior Court of Pennsylvania · 1935
- Lesh v. Rockcreek Township Farmers' Mutual InsuranceIndiana Court of Appeals · 1918