Freedman v. Providence Washington Insurance
Supreme Court of Pennsylvania
Appeal, No. 63, Jan. T., 1897, by plaintiff, from judgment of C. P. Bradford Co., Sept. T., 1892, No. 633, on verdict for defendant. Assumpsit on a policy of fire insurance. Before Dunham, P. ,T.' The court charged as follows: The action which you have been sworn to try is an action of assumpsit brought by R. Freedman against the Providence Washington . Insurance Company of Providence, Rhode Island.
Read the full summary
Appeal, No. 63, Jan. T., 1897, by plaintiff, from judgment of C. P. Bradford Co., Sept. T., 1892, No. 633, on verdict for defendant. Assumpsit on a policy of fire insurance. Before Dunham, P. ,T.' The court charged as follows: The action which you have been sworn to try is an action of assumpsit brought by R. Freedman against the Providence Washington . Insurance Company of Providence, Rhode Island. It is founded upon an insurance policy issued by that company to R. Freedman upon his stock of goods in his store situated at Laceyville. [The evidence in this case as to the procuring of the…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The learned judge below directed a verdict for defendant on the ground that the misrepresentation upon which the policy was procured was a fraud wMcli avoided the contract. In this he followed the law as settled in Freedman v. Fire Association, 168 Pa. 249. The fact of such misrepresentation is undisputed, though as to whether Sturdevant knew it was untrue at the *67time he made it, the evidence is conflicting. The correctness of the instruction therefore depends on the relation of Sturdevant to the parties. If he was the agent of defendant then there was a…
2Cases cited2 opinions
- Pottsville Mutual Fire Ins. v. Minnequa Springs Improvement Co.Supreme Court of Pennsylvania · 1882
- Freedman v. Fire Ass'nSupreme Court of Pennsylvania · 1895
3Cited by9 opinions
- Aiello v. Ed Saxe Real Estate, Inc.Supreme Court of Pennsylvania · 1985
- Indovina v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1939
- Transcontinental Oil Co. v. Atlas Assurance Co.Supreme Court of Pennsylvania · 1924
- Bonewell v. North American Accident InsuranceMichigan Supreme Court · 1911
- Buck v. Stuyvesant InsuranceMissouri Court of Appeals · 1922
4 more not listed; retrieve them via the Exa API.