Knights of Joseph B. & L. Ass'n v. Mechanics' Fire Ins.
Superior Court of Pennsylvania
Appeal, No. 242, Oct. T., 1916, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1915, No. 800, on verdict for plaintiff incase of Knights of Joseph Building & Loan Association v. The Mechanics’ Fire Insurance Company of Philadelphia. Assumpsit on a fire insurance policy. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 242, Oct. T., 1916, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1915, No. 800, on verdict for plaintiff incase of Knights of Joseph Building & Loan Association v. The Mechanics’ Fire Insurance Company of Philadelphia. Assumpsit on a fire insurance policy. The facts are stated in the opinion of the Superior Court. Wessel, J., charged in part as follows: [“The insurance company claims that the building association, being the holder of the second mortgage, when it took title to the real estate the lesser estate, that is, the mortgage, became merged in the…
1Opinion of the Court
Opinion by
Kephart, J.,
The interest of the mortgagor in the premises damaged by fire was, by foreclosure proceedings, conveyed January 4,1915, to Sclarenco, and by him, on March 18,1915, to the plaintiff, the mortgagee. The fire occurred on April *9422,1915. This suit was brought by the mortgagee to recover on the contract of insurance arising from the mortgagee clause' attached to the mortgagor's policy. So much of this clause necessary to the determination of the case reads as follows: “Loss or damage, if any, under this policy, shall be payable to Knights of Joseph Building and Loan Association…
2Cases cited2 opinions
- Paschall v. PassmoreSupreme Court of Pennsylvania · 1851
- Commonwealth v. BuckmanSuperior Court of Pennsylvania · 1923
3Cited by27 opinions
- Overholt Et Ux. v. Reliance Ins. Co.Supreme Court of Pennsylvania · 1935
- United Jersey Bank v. CS Associates (In Re CS Associates)United States Bankruptcy Court, E.D. Pennsylvania · 1990
- A. Rose & Son, Inc. v. Zurich General Accident, Etc., Co.Supreme Court of Pennsylvania · 1928
- Clarke & Cohen v. Real Ex Rel. Stroudsburg Nat. BankSuperior Court of Pennsylvania · 1931
- Newark Fire Ins. Co. v. TurkCourt of Appeals for the Third Circuit · 1925
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