Landes v. Safety Mutual Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 127, Jan. T., 1898, by defendant, from judgment of C. P. Lancaster Co., June T., 1897, No. 54, on verdict for plaintiff. Assumpsit upon a policy of fire insurance. Before Livingston, P. J. The property insured was a stock of merchandise contained in a building which was partly brick and partly frame.
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Appeal, No. 127, Jan. T., 1898, by defendant, from judgment of C. P. Lancaster Co., June T., 1897, No. 54, on verdict for plaintiff. Assumpsit upon a policy of fire insurance. Before Livingston, P. J. The property insured was a stock of merchandise contained in a building which was partly brick and partly frame. A clause in the policy provided that “ in any matter relating to this insurance no person unless duly authorized in writing shall be deemed the agent of this company.” Other facts appear by the opinion of the Supreme Court. At the trial, Albert Garrett, president of the defendant…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The insurance was upon the plaintiff’s stock of merchandise in a building occupied as a dwelling house and store. It was solicited by the representative of the defendant company which furnished the application for it and required him to sign his name to it as agent. He inspected the building and stock of merchandise contained in it. He also wrote into the application what purported to he the plaintiff’s answers to the questions propounded therein. As agent of the company he witnessed the signature of the plaintiff’ to it and made the indorsement upon it. The…
2Cases cited3 opinions
- Susquehanna Mutual Fire Insurance v. CusickSupreme Court of Pennsylvania · 1885
- Rosencrance v. JohnsonSupreme Court of Pennsylvania · 1899
- Pottsville Mutual Fire Insurance v. FrommSupreme Court of Pennsylvania · 1882
3Cited by3 opinions
- McIntyre v. SmithCourt of Appeals of Maryland · 1928
- Burdick v. California Insurance Co.Idaho Supreme Court · 1931
- Aetna Life Insurance v. NalibotskySuperior Court of Pennsylvania · 1928