Everett v. London etc. Ins.
Pennsylvania Court of Common Pleas, Clinton County
No. 157 July Term 1890, Sup. Ct.; court below, Nos. 141 January Term 1888, 38 February Term 1889, C. P. On December 27, 1887, to No. 141 January Term 1888, of the court below, J. F. Everett, for use, brought assumpsit against the London & Lancashire Insurance Company, to recover upon a policy of insurance against loss by fire, containing the following conditions: “ 1. If the insured shall have or shall hereafter make any other insurance on the property hereby insured, or any…
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No. 157 July Term 1890, Sup. Ct.; court below, Nos. 141 January Term 1888, 38 February Term 1889, C. P. On December 27, 1887, to No. 141 January Term 1888, of the court below, J. F. Everett, for use, brought assumpsit against the London & Lancashire Insurance Company, to recover upon a policy of insurance against loss by fire, containing the following conditions: “ 1. If the insured shall have or shall hereafter make any other insurance on the property hereby insured, or any part thereof, without the consent of the company written thereon, .... then and in every such case the policy shall be…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
The first and second assignments of error raise the same question as to the effect of the entry of a judgment of non-pros, under the rule of court, and the subsequent action of the court in striking it off, that was raised and decided in Everett v. Niagara Ins. Co., opinion filed herewith, ante, 329, and for the reasons there given the assignments are not sustained.
This case, like that, comes to us as an alias summons, but it differs from that in the fact that the original on which the alias was based, was not issued within the stipulated period of limitation.
The…
2Cases cited3 opinions
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- Lantz v. Vermont L. Ins.Supreme Court of Pennsylvania · 1891
- National Ins. v. Brown, Pennsylvania Court of Common Pleas, Crawford County1889
3Cited by5 opinions
- Penn Plate Glass Co. ex rel. Wertheimer v. Spring Garden InsuranceSupreme Court of Pennsylvania · 1899
- Metz v. Buckeye Union Fire Ins.Ohio Court of Appeals · 1957
- Taylor-Baldwin Co. v. Northwestern Fire & Marine InsuranceNorth Dakota Supreme Court · 1909
- Powell v. Agricultural InsuranceSuperior Court of Pennsylvania · 1896
- McGrath v. First Mortgage Guarantee & Trust Co.Superior Court of Pennsylvania · 1914