Legal Opinion

Lycoming County Mutual Insurance v. Schollenberger

Supreme Court of Pennsylvania

Decided February 16, 1863PublishedCited by 16 opinions

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.

Read the full summary

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

  1. Chalker v. ChalkerSupreme Court of Connecticut · 1814
  2. Clark v. JonesCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by16 opinions

  1. Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
  2. Pacific Mut. Life Ins. Co. of Cal. v. O'NeilSupreme Court of Oklahoma · 1913
  3. Cotton States Life Insurance v. LesterSupreme Court of Georgia · 1879
  4. Cara v. Newark Fire InsuranceSupreme Court of Pennsylvania · 1933
  5. Fidelity-Phenix Fire Ins. Co. v. School Dist. No. 10Supreme Court of Oklahoma · 1921

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API