Farmers' Mutual Insurance v. Taylor ex rel. Grow
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Susquehanna county: No. 133, to January Term 1873. This .was an action of covenant on a policy of insurance brought July 20th 1870, by David Taylor to the use of E. P. Grow against the Farmers’ Mutual Fire Insurance Company, to recover for loss sustained by the plaintiff by the burning of his property insured by the defendants. 1 The cause was tried April 16th 1872, before Morrow, J. C. L. Brown testified that he and Billings Stroud were…
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Error to the Court of Common Pleas of Susquehanna county: No. 133, to January Term 1873. This .was an action of covenant on a policy of insurance brought July 20th 1870, by David Taylor to the use of E. P. Grow against the Farmers’ Mutual Fire Insurance Company, to recover for loss sustained by the plaintiff by the burning of his property insured by the defendants. 1 The cause was tried April 16th 1872, before Morrow, J. C. L. Brown testified that he and Billings Stroud were agents for the defendants in 1868, and had been for some years. Stroud testified that he had been their agent for some…
1Opinion of the Court
The opinion of the court was delivered, May 17th 1873, by
Mercur, J.
A question 'as to the validity of the policy is raised at the threshold of this action. It is contended that it is void by reason of the omission of the assured to give notice in his written application, of another - insurance upon the same property, and to have it endorsed upon the policy. If this notice was not given to, or waived by, the company, such would be the effect. What are the facts ?
Stroud and Brown, who resided at Montrose, were the agents of the company at the time this risk was taken, and had been for some three…
2Cited by9 opinions
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Kalmutz v. Northern Mutual InsuranceSupreme Court of Pennsylvania · 1898
- Essington Enamel Co. v. Granite State Fire InsuranceSuperior Court of Pennsylvania · 1911
- Russell v. Farmers Mutual Fire InsuranceSupreme Court of Pennsylvania · 1922
- Spry v. Farmers' Union Mutual Fire InsuranceSuperior Court of Pennsylvania · 1930
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