Mears v. Humboldt Ins.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 204. Debt by Henrietta Mears, guardian of the person and estate of Thomas Mears, a lunatic, against The Humboldt Fire Insurance Company, of Pittsburgh, Pa. Thomas Mears owned a large flouring mill and distillery.
Read the full summary
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 204. Debt by Henrietta Mears, guardian of the person and estate of Thomas Mears, a lunatic, against The Humboldt Fire Insurance Company, of Pittsburgh, Pa. Thomas Mears owned a large flouring mill and distillery. He insured this property in the defendant company for one year from January 8th 1874, for $1500. The policy contained, inter alia, the following condition : “ Or if the assured shall keep or have in any place on the insured premises, where this policy may apply, petroleum, naphtha,…
1Opinion of the CourtJustice Paxson
The first assignment of error relates to the use of benzine upon the insured premises. It was contended that the court erred in instructing the jury in answmr to the defendant’s second point, that if Mears, the assured, purchased from eight to ten gallons of benzine, and used nearly the whole of it in cleaning the engine, boilers and machinery of the distillery, and such use extended over a period of about two weeks, there was a violation of one of the conditions of the policy in suit and avoids the same.
The condition in the policy referred to is as follows: “ Or if the assured shall keep or…
2Cases cited4 opinions
- Franklin Fire Insurance v. Chicago Ice Co.Court of Appeals of Maryland · 1872
- Morse v. Buffalo Fire & Marine InsuranceWisconsin Supreme Court · 1872
- Moore v. Protection Ins.Supreme Judicial Court of Maine · 1848
- Wood v. . the North Western Ins. Co.New York Court of Appeals · 1871
3Cited by17 opinions
- Fraim v. National Fire Ins.Supreme Court of Pennsylvania · 1895
- McClure v. Mutual Fire Ins.Supreme Court of Pennsylvania · 1913
- Hanover Fire Ins. Co. v. EismanSupreme Court of Oklahoma · 1915
- American Indemnity Co. v. JagoeCourt of Appeals of Texas · 1934
- Bouchard v. Dirigo Mutual Fire InsuranceSupreme Judicial Court of Maine · 1915
12 more not listed; retrieve them via the Exa API.