Hess v. Hartford Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 218, April T., 1908, by defendant, from judgment of C. P. Indiana Co., Sept. T., 1905, No. 131, on verdict for plaintiffs, in case of R. L. Hess and B. M. Smith, trading as the Gipsy Mercantile Company, v. Hartford Fire Insurance Company. Assumpsit on a policy of fire insurance. Before Crawford, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 218, April T., 1908, by defendant, from judgment of C. P. Indiana Co., Sept. T., 1905, No. 131, on verdict for plaintiffs, in case of R. L. Hess and B. M. Smith, trading as the Gipsy Mercantile Company, v. Hartford Fire Insurance Company. Assumpsit on a policy of fire insurance. Before Crawford, P. J. The facts are stated in the opinion of the Superior Court. At the trial the defendant presented the following point: • 4. The plaintiffs having neglected to set out any waiver in their statements of claims and having claim in their amended statements that the defendant companies…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiffs, who were engaged in the mercantile business, had insured their stock of goods in a number of insurance companies. All of the policies, which were of standard form, were issued by the local agency of S. F. Clark & Company, at Glen Campbell, Pa. A fire occurred on the night of December 29, 1904, which destroyed the stock of goods insured and burned up the bills and other papers kept on file in the store. The books of the firm which were in a fireproof safe were not injured. Notice of the fire was promptly given by the plaintiffs to the local agents and by them…
2Cases cited8 opinions
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- Lebanon Mutual Insurance v. ErbSupreme Court of Pennsylvania · 1886
- Roe v. Dwelling House InsuranceSupreme Court of Pennsylvania · 1892
- R. W. McCormick & Son v. Royal InsuranceSupreme Court of Pennsylvania · 1894
- McFarland v. Kittanning Ins.Supreme Court of Pennsylvania · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kearney v. Security Ins.Superior Court of Pennsylvania · 1917
- Williams v. Citizens Casualty Co., Pennsylvania Court of Common Pleas, Franklin County1926