Davis Shoe Co. v. Kittanning Ins.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT EBOM THE COURT OE COMMON PLEAS OE ARMSTRONG COUNTY. No. 14 October Term 1890, Sup. Ct.; court below, No. 55 September Term 1888, C. P. On September 14, 1888, the Davis Shoe Company brought assumpsit against the Kittanning Insurance Company, upon a policy of insurance against fire issued by the defendant company to the plaintiff. The defendant pleaded non-assumpsit and payment.
Read the full summary
APPEAL BY DEPENDANT EBOM THE COURT OE COMMON PLEAS OE ARMSTRONG COUNTY. No. 14 October Term 1890, Sup. Ct.; court below, No. 55 September Term 1888, C. P. On September 14, 1888, the Davis Shoe Company brought assumpsit against the Kittanning Insurance Company, upon a policy of insurance against fire issued by the defendant company to the plaintiff. The defendant pleaded non-assumpsit and payment. At the trial on March 21, 1889, the following facts were shown: The defendant, on November 7, 1887, issued a policy insuring the plaintiff to the extent of $1,000, against loss by fire upon a stock…
1Opinion of the Court
OpinioN,
Mr. Chief Justice Paxson :
The first assignment raises the only important question in this record. The plaintiff’s second point requested the court to instruct the jury: “ That if the jury believe that the plaintiff company mailed final proofs of loss to the defendant company on February 25, 1888, and the defendant company received said proofs on February 28,1888, and made no objection to the same before April 24, 1888, it is for them, the jury, to say whether such facts were sufficient evidence of waiver by the defendant company of any informality or deficiency in the proofs of loss.”…
2Cases cited1 opinion
- Bonnert v. Pennsylvania Ins.Supreme Court of Pennsylvania · 1889
3Cited by14 opinions
- Jenkins v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1925
- Bingell v. Royal InsuranceSupreme Court of Pennsylvania · 1913
- Lane v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1892
- First National Bank v. MaikranzSuperior Court of Pennsylvania · 1910
- Zeitler v. National Casualty Co.Supreme Court of Minnesota · 1914
9 more not listed; retrieve them via the Exa API.