Legal Opinion

New Kensington Lumber Co. v. German Insurance

Superior Court of Pennsylvania

Decided November 18, 1907No. Appeal, No. 142PublishedCited by 3 opinions

Appeal, No. 142, April T., 1907, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Nov. T„, 1904, No. 515, for defendant non obstante veredicto in case of New Kensington Lumber Company v. German Insurance Company of Freeport. Assumpsit on a contract of fire insurance. Before Kennedy, P. J. The facts appear by the opinion of the Superior Court.

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Appeal, No. 142, April T., 1907, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Nov. T„, 1904, No. 515, for defendant non obstante veredicto in case of New Kensington Lumber Company v. German Insurance Company of Freeport. Assumpsit on a contract of fire insurance. Before Kennedy, P. J. The facts appear by the opinion of the Superior Court. Error assigned was in entering judgment for defendant non obstante veredicto. — An undisclosed principal has the right to enforce a contract made by his agent with a third party, although the third party has dealt with the agent, supposing him…

1Opinion of the Court

Opinion by

Morrison, J.,

The policy of insurance in this case contained the following: “The German Insurance Company of Freeport, Illinois, in consideration of the stipulations herein named, and of seven and 50-100 dollars premium does insure H. E. Armstrong for the term of one year from the 26th day of October, 1903, at noon, to the 26th day of October, 1904, at noon, against all direct loss or damage by fire, except as hereinafter provided, to an amount not exceeding fifteen hundred dollars, to the following described property while located and contained as described herein, and not…

2Cases cited3 opinions

  1. State Mutual Fire Insurance v. RobertsSupreme Court of Pennsylvania · 1858
  2. Assigned Estate of ZehringSuperior Court of Pennsylvania · 1897
  3. Carnes v. Farmers' Fire InsuranceSuperior Court of Pennsylvania · 1902

3Cited by3 opinions

  1. McGinnis v. St. Paul Fire & Marine InsuranceSuperior Court of Pennsylvania · 1909
  2. Clarke & Cohen v. Hartman Co.Superior Court of Pennsylvania · 1931
  3. Aldous v. National Ben Franklin Fire Ins.Superior Court of Pennsylvania · 1917

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