Imperial F. Ins. v. Dunham
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE BRADFORD COUNTS’. No. 441 January Term 1885, Sup. Ct.; court below, No. 124 December Term 1883, C. P. In the court below tbe action was assumpsit by Henry Dun-ham, to the use of F. T. Page, against The Imperial Fire Insurance Company of London.
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ERROR TO THE COURT OE COMMON PLEAS OE BRADFORD COUNTS’. No. 441 January Term 1885, Sup. Ct.; court below, No. 124 December Term 1883, C. P. In the court below tbe action was assumpsit by Henry Dun-ham, to the use of F. T. Page, against The Imperial Fire Insurance Company of London. The writ was issued on September 17, 1883, and directed to the sheriff of Philadelphia county to be served upon Charles M. Prevost, agent for defendant company, appointed in pursuance of the statute. The plea was non-assumpsit. At the trial February 17,1885, the following facts appeared: On April 21, 1880, O. A.…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
It was certainly competent for the plaintiff to show by parol what the contract was, with reference to the existing insurance, at the time of the transaction of March 29,1883 ; not, perhaps, to add to or modify the forcé of the written contract then made as between the parties, but to explain the subsequent act of the parties, in making the assignment of the policy; to exhibit their good faith in so doing, and to fix the admitted consideration upon which this was done; especially as it appears that the parol understanding was shortly after-wards communicated to…
2Cases cited21 opinions
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
- Pennsylvania Fire Insurance v. DoughertySupreme Court of Pennsylvania · 1883
- Lebanon Mutual Insurance v. ErbSupreme Court of Pennsylvania · 1886
- Shearman v. . the Niagara Fire Ins. Co.New York Court of Appeals · 1871
- Pelton v. . Westchester Fire Insurance CompanyNew York Court of Appeals · 1879
16 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Dubin Paper Co. v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1948
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- McCollough v. Home Ins. Co. of N.Y.California Supreme Court · 1909
47 more not listed; retrieve them via the Exa API.