Trask v. State Fire & Marine Insurance
Supreme Court of Pennsylvania
Error to the Common Pleas of JSrie county. A. N. Trask, a merchant in Albion, Erie county, Pennsylvania, on the 26th day of February, 1851, obtained a policy of insurance in the State Mutual Fire Insurance Company, at Harrisburg, on his stock of goods, for the sum of $1200, for one year; the property insured was destroyed by fire on the 2d day of May, 1851. Trask sent a written notice to the company on the 18th day of May, 1851, of liis loss, and the defendant acknowledged…
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Error to the Common Pleas of JSrie county. A. N. Trask, a merchant in Albion, Erie county, Pennsylvania, on the 26th day of February, 1851, obtained a policy of insurance in the State Mutual Fire Insurance Company, at Harrisburg, on his stock of goods, for the sum of $1200, for one year; the property insured was destroyed by fire on the 2d day of May, 1851. Trask sent a written notice to the company on the 18th day of May, 1851, of liis loss, and the defendant acknowledged the receipt of the notice on the 17th of the same month, by letter to Trask, and made no objection as to the notice not…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, J.
We must decide this case according to the contract law, established by the parties for the definition of the relation between them. We may modify that contract law so as to give *200it an equitable adaptation to unanticipated events, but we cannot establish or introduce another in its stead. Certainly it is a contract condition of the defendants’ liability that they shall be immediately notified of any loss insured against, and we cannot dispense with a compliance with this law unless the plaintiff shows some proper excuse for his…
2Cited by13 opinions
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- State Farm Mutual Automobile Insurance v. CassinelliNevada Supreme Court · 1950
- Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
- Hayes v. the Equitable Life Assurance Soc.Missouri Court of Appeals · 1941
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