Long v. Beeber
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clinton county: Of July Term, 1883, No. 48. This was an action of assumpsit by Joseph H. Long against J. A. Beeber, receiver of the Lycoming Fire Insurance Company, upon a policy of insurance issued February 19, 1878, for five years, by said company to the plaintiff, upon a dwelling house, barn, wagon sheds, &e., on plaintiff’s farm, then in the occupation of a tenant.
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Error to the Court of Common Pleas of Clinton county: Of July Term, 1883, No. 48. This was an action of assumpsit by Joseph H. Long against J. A. Beeber, receiver of the Lycoming Fire Insurance Company, upon a policy of insurance issued February 19, 1878, for five years, by said company to the plaintiff, upon a dwelling house, barn, wagon sheds, &e., on plaintiff’s farm, then in the occupation of a tenant. The barn, wagon sheds, &c., were destroyed by fire September 21, 1880, during the life of the policy. The policy contained, inter alia, the following clause : (1).....“ or if the above…
1Opinion of the CourtJustice Gordon
It is a very plain proposition, and one that ordinarily will not be disputed, that where a man makes an agreement with another, he should himself comply with its terms and conditions if he would insist upon a compliance on part of him with whom he has contracted. Following a rule of this kind, it was held, in the case of McClure v. The Watertown Fire Insurance Company, 9 Nor., 277, that when a condition in a, policy is unambiguous, the insured cannot avoid a compliance with its terms, by showing an honest, though unsuccessful, effort to comply therewith. In the case in hand there can be no…
2Cited by7 opinions
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- St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
- Smith v. Penn Township Mutual Fire Ass'nSupreme Court of Pennsylvania · 1936
- Bitonti v. National Liberty Insurance Co. of AmericaSuperior Court of Pennsylvania · 1929
- McCurdy v. Orient InsuranceSuperior Court of Pennsylvania · 1906
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