Comerer v. Patrons' Mutual Fire Insurance Co. of Southern Pennsylvania
Superior Court of Pennsylvania
Appeal, No. 17, March T., 1913, by plaintiff, from judgment of C. P. Cumberland Co., May T., 1910, No. 295, on verdict for defendant in case of Percy L. Comerer, Administrator of Rachel E. Comerer, deceased, v. Patrons’ Mutual Eire Insurance Company of Southern Pennsylvania. Assumpsit on a policy of fire insurance. Before Sadler, P. J. The facts are stated in the opinion of the Superior Court. • Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 17, March T., 1913, by plaintiff, from judgment of C. P. Cumberland Co., May T., 1910, No. 295, on verdict for defendant in case of Percy L. Comerer, Administrator of Rachel E. Comerer, deceased, v. Patrons’ Mutual Eire Insurance Company of Southern Pennsylvania. Assumpsit on a policy of fire insurance. Before Sadler, P. J. The facts are stated in the opinion of the Superior Court. • Verdict and judgment for defendant. Plaintiff appealed. Errors assigned were (1-3) in giving binding instructions for defendant, (4) in entering judgment on the verdict; (5) ruling as to the lost…
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of assumpsit on a policy of insurance. At the close of the trial the learned trial judge gave a binding instruction in favor of the defendant on the ground that the suit had not been brought within twelve months from the date of the fire. Judgment having been entered on the verdict, the plaintiff appealed. The charge of the court and the affirmance of defendant’s single point, “that under all the law and the evidence the verdict must be for the defendant,” were duly excepted to.
A careful, examination of the record, arguments of counsel and authorities…
2Cases cited3 opinions
- Semple v. CallerySupreme Court of Pennsylvania · 1898
- Walls v. WallsSupreme Court of Pennsylvania · 1897
- Fell v. McHenrySupreme Court of Pennsylvania · 1862
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