Boyle v. Hamburg-Bremen Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 154, Jan. T., 1895, by defendant, from judgment of C. P. Lackawanna Co., April T., 1892, No. 519. Assumpsit on fire insurance policy for damage to personal property. Before Edwabds, J. The material facts in this case appear in the portion of the charge of the court which is quoted, and in the opinion of the Supreme Court.
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Appeal, No. 154, Jan. T., 1895, by defendant, from judgment of C. P. Lackawanna Co., April T., 1892, No. 519. Assumpsit on fire insurance policy for damage to personal property. Before Edwabds, J. The material facts in this case appear in the portion of the charge of the court which is quoted, and in the opinion of the Supreme Court. At the trial, E. F. Bojde, one of the plaintiffs, being called as a witness, counsel for plaintiff asked him: “Q. What damage did you sustain upon the dry goods, if any ?” By Judge Jessup : “ Counsel for the defendant objects to the question that if any article…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The two principal questions in this case are, first, were the proofs of loss furnished by the insured a substantial compliance with the contract? and second, was the action prematurely brought in view of what is called the arbitration clause in the policy? Both questions depend upon the proper construction of the contract of insurance. The contract contains the undertaking of the company to insure the general stock of merchandise of John D. Boyle’s Sons “ against all direct loss or damage by fire,” to the extent of twenty-five hundred dollars, in consideration…
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