Jacoby v. Westchester Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 5, March T., 1899, by defendant, from judgment of C. P. York Co., Oct. T., 1897, No. 17, on verdict for plaintiffs.
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Appeal, No. 5, March T., 1899, by defendant, from judgment of C. P. York Co., Oct. T., 1897, No. 17, on verdict for plaintiffs. Opinion by Beeber, J. Assumpsit on policy of fire insurance for $500. It appears from the evidence that the property was destroyed by fire June 15, 1897. Twenty-two companies, including defendant, had insured in various sums amounting in the aggregate to $16,000. Nineteen of these companies refused payment of the loss alleging that the plaintiffs had themselves set fire to the property insured and that they had also been guilty of fraud, false statements and…
1Opinion of the Court
Opinion by
Beeber, J.,
The court in which this case was tried has the following rule: “ If the plaintiff shall file with his declaration or statement, separate and apart from his declaration or statement, a specific averment of facts sufficient to support his claims, verified by affidavit, and serve a copy thereof on the defendant or his counsel of record, such items of claim and material averments of facts as are *179not denied by the defendant, by affidavit filed with or before plea pleaded, shall be taken as admitted.” "When the plaintiffs filed their statement they also filed with it, and…
2Cases cited7 opinions
- Lebanon Mutual Insurance v. ErbSupreme Court of Pennsylvania · 1886
- McGonigle v. Susquehanna Mutual Fire InsuranceSupreme Court of Pennsylvania · 1895
- Whitehead v. North H. Sch. D., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Franklin Fire Insurance v. UpdegraffSupreme Court of Pennsylvania · 1862
- Neely v. Bair, Pennsylvania Court of Common Pleas, York County1891
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth v. AuerbachSuperior Court of Pennsylvania · 1919
- Purcell v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1939
- Sunday v. DietrichSuperior Court of Pennsylvania · 1901
- Ernest v. WibleSuperior Court of Pennsylvania · 1899
- Lettieri v. Mamaroneck Sand & Gravel Co.Superior Court of Pennsylvania · 1936
1 more not listed; retrieve them via the Exa API.