Lycoming County Mutual Insurance v. Schollenberger
Supreme Court of Pennsylvania
Error, to the Common Pleas of Schuylldll county. This was an action of covenant on a policy of insurance, brought February 26th 1859, by Thomas H. Schollenberger, for the use of Mary M. Matz, against the Lycoming County Mutual Insurance Company, on a policy covering a coal-breaker, including steam-engine, schute, screens, machinery, and trestle-work, in a snm not exceeding $>2500, for the term of five years.
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Error, to the Common Pleas of Schuylldll county. This was an action of covenant on a policy of insurance, brought February 26th 1859, by Thomas H. Schollenberger, for the use of Mary M. Matz, against the Lycoming County Mutual Insurance Company, on a policy covering a coal-breaker, including steam-engine, schute, screens, machinery, and trestle-work, in a snm not exceeding $>2500, for the term of five years. The fire hy which the insured property was destroyed, occurred September 25th 1858. The narr. averred a general performance of all the conditions precedent. There was a verdict and…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
This was an action of covenant on a policy of insurance, to recover a loss sustained by the plaintiff below, and defendant in error, by the burning of the insured property, a “coal-breaker,” on the 28th of September 1858.
On the trial below, the learned judge refused to instruct the jury, as requested by the defendants, that “ the plaintiff was not entitled to recover, on account of a failure in forwarding to the company, within thirty days, a particular statement of loss, in accordance with the 72d condition of the policy.” He refused…
2Cases cited2 opinions
- Chalker v. ChalkerSupreme Court of Connecticut · 1814
- Clark v. JonesCourt for the Trial of Impeachments and Correction of Errors · 1845
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- Pacific Mut. Life Ins. Co. of Cal. v. O'NeilSupreme Court of Oklahoma · 1913
- Cotton States Life Insurance v. LesterSupreme Court of Georgia · 1879
- Cara v. Newark Fire InsuranceSupreme Court of Pennsylvania · 1933
- Fidelity-Phenix Fire Ins. Co. v. School Dist. No. 10Supreme Court of Oklahoma · 1921
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