Legal Opinion

Diehl v. the Adams County Mutual Insurance

Supreme Court of Pennsylvania

Decided July 2, 1868PublishedCited by 20 opinions

Error to the Court of Common Pleas of Adams county: To May Term, 1868. No. 41. This was an action of covenant, commenced February 3d 1865, by Peter Diehl against the Adams County Mutual Fire Insurance Company.

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Error to the Court of Common Pleas of Adams county: To May Term, 1868. No. 41. This was an action of covenant, commenced February 3d 1865, by Peter Diehl against the Adams County Mutual Fire Insurance Company. The declaration was on a policy dated June 3d 1863, by which in consideration of $6.50'and a premium note for $130, for the payment of assessments to meet losses by fire, the plaintiff was insured for $1935 on a frame tanning-house, log beam-house and machinery, two frame bark-sheds, bark-mill, wagon-house and some personal property, for five years. The declaration set out amongst other…

1Opinion of the Court

The opinion of tbe court was delivered, July 2d 1868, by

Thompson, C. J.

1. Tbe answer of the defendant to the first assignment of error in this case is very complete, viz: that its act of incorporation, by adopting tbe 8th section of tbe Act incorporating the Bradford County Insurance Company, Pampb. L. 1838, p. 365, rendered its members competent witnesses for tbe company, when not individually interested. Tbe objection that tbe witnesses were managers did not alter tbe case. They are managers because members, and it is only as members in this case, that they could be supposed to have any…

2Cases cited5 opinions

  1. State v. BretonSupreme Court of Connecticut · 1995
  2. Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
  3. Carroll v. Charter Oak InsuranceNew York Supreme Court · 1862
  4. Viall v. Genesee Mutual InsuranceNew York Supreme Court · 1854
  5. Respublica v. DuaneSupreme Court of Pennsylvania · 1807

3Cited by20 opinions

  1. O'Connor v. Allemannia Fire InsuranceSuperior Court of Pennsylvania · 1937
  2. Dougherty, Tr. v. Thomas, Exr.Supreme Court of Pennsylvania · 1933
  3. McClure v. Mutual Fire Ins.Supreme Court of Pennsylvania · 1913
  4. Board of Medical Examiners v. BuckOregon Supreme Court · 1951
  5. Smith v. Penn Township Mutual Fire Ass'nSupreme Court of Pennsylvania · 1936

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