Susquehanna Mutual Fire Ins. v. Oberholtzer
Supreme Court of Pennsylvania
Appeals, Nos. 76 and 77, July T., 1894, by defendant, from judgments of C. P. Northampton Co., Oct. T., 1885, No. 59, and June T., 1891, No. 47, on verdicts for plaintiff. Two appeals from judgments of a justice of the peace tried together in the court of common pleas. Before Reeder, J. The facts are fully stated in the opinion of the Supreme Court. At the trial the plaintiff offered the policy and application in evidence.
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Appeals, Nos. 76 and 77, July T., 1894, by defendant, from judgments of C. P. Northampton Co., Oct. T., 1885, No. 59, and June T., 1891, No. 47, on verdicts for plaintiff. Two appeals from judgments of a justice of the peace tried together in the court of common pleas. Before Reeder, J. The facts are fully stated in the opinion of the Supreme Court. At the trial the plaintiff offered the policy and application in evidence. Defendant objected to the policy and application being received in evidence, because said policy purported to contain a correct copy of the by-laws, when in point of fact…
1Opinion of the Court
Appeal No. 76, July T., 1894.
Opinion by
Mr. Justice Dean,
The defendant was the owner of a hotel in Bangor borough, Northampton county. On the 26th of May, 1882, Hunsicker, agent of plaintiff, solicited him to take out two policies for fire insurance in his company; the weight of the evidence shows the agent misrepresented to him the terms of the written application then signed; Oberholtzer wanted a stipulation inserted that he should have the privilege of withdrawing at any time on paying his proportion of the losses, and that this should be inserted in the policies when issued; Hunsicker…
2Cases cited4 opinions
- Dettra v. KestnerSupreme Court of Pennsylvania · 1892
- New Era Life Ass'n v. MusserSupreme Court of Pennsylvania · 1888
- Thropp v. Susq. Mut. F. Ins.Supreme Court of Pennsylvania · 1889
- Susq. M. Fire Ins. v. StaufferSupreme Court of Pennsylvania · 1889
3Cited by13 opinions
- Ross v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1961
- Morris v. State Mutual Life Assurance Co.Supreme Court of Pennsylvania · 1898
- Bird v. Penn Central CompanyDistrict Court, E.D. Pennsylvania · 1971
- Zimmer v. Central Accident InsuranceSupreme Court of Pennsylvania · 1904
- Schofield v. LeachSuperior Court of Pennsylvania · 1900
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