Moving Picture Co. of America v. Scottish Union & National Insurance
Supreme Court of Pennsylvania
Appeal, No. 119, Jan. T,, 1913, by defendant, from judgment of C. P. No. 4, Philadelphia Co., March T., 1912, No. 6060, for want of a sufficient affidavit of defense in case of Moving Picture Company of America v. Scottish Union and National Insurance Company of Edinburg. Assumpsit on a policy of fire insurance. Rule for judgment for $2,500, as to which sum the affidavit of defense was alleged to be insufficient.
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Appeal, No. 119, Jan. T,, 1913, by defendant, from judgment of C. P. No. 4, Philadelphia Co., March T., 1912, No. 6060, for want of a sufficient affidavit of defense in case of Moving Picture Company of America v. Scottish Union and National Insurance Company of Edinburg. Assumpsit on a policy of fire insurance. Rule for judgment for $2,500, as to which sum the affidavit of defense was alleged to be insufficient. Before Willson, P. J. From the record it appeared that the action was on an insurance policy in the sum of $5,000, issued 21st February, 1911, by the defendant company, insuring the…
1Opinion of the Court
Opinion by
Mb. Justice Stewabt,
Assuming the facts to be as set out in the affidavit of defense, it follows, that whatever the subject of this insurance was, whether the premises described in the policy, Nos. 926-928 Market street, Philadelphia, or simply the rent derivable from a portion of the building erected on these two lots, the interest of the plaintiff in the subject continued no longer than the building on the premises remained undestroyed by fire. The plaintiff was a subtenant of the first floor of the building. In turn it sublet to the Royal Amusement Company on precisely the same…
2Cases cited3 opinions
- Paxson & Comfort Co. v. PotterSuperior Court of Pennsylvania · 1906
- Pritchet v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1803
- Sweeny v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1853
3Cited by22 opinions
- Dubin Paper Co. v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1948
- Heidisch v. Globe & Republic Insurance Co. of AmericaSupreme Court of Pennsylvania · 1951
- Insurance Co. of North America v. AlberstadtSupreme Court of Pennsylvania · 1956
- Albert M. Greenfield & Co., Inc. v. KoleaSupreme Court of Pennsylvania · 1977
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
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