Legal Opinion

Boyle v. Franklin Fire Insurance

Supreme Court of Pennsylvania

Decided March 15, 1844PublishedCited by 6 opinions

ERROR to the District Court for the city and county of Phila~ delphia. The plaintiff, William Y. Boyle, obtained a judgment in that court against Robert Woods & Brother, in September 1842, for $139.41. He then issued an attachment in execution and levied it in the hands of The Franklin Fire Insurance Company. They, answered interrogatories and pleaded nulla bona, and on the trial a verdict and judgment were given in their favour.

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ERROR to the District Court for the city and county of Phila~ delphia. The plaintiff, William Y. Boyle, obtained a judgment in that court against Robert Woods & Brother, in September 1842, for $139.41. He then issued an attachment in execution and levied it in the hands of The Franklin Fire Insurance Company. They, answered interrogatories and pleaded nulla bona, and on the trial a verdict and judgment were given in their favour. The answer of the Company set forth that on the 10th January 1842 they made insurance for Robert Woods & Brother of a stock of groceries contained in their store,…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

It is unnecessary to decide in this case whether, if the claim by Woods & Brother against the Franklin Insurance Company had not been ascertained and made certain as to its amount, it could have been attached- under process sued out on the judgment which the plaintiff, Boyle, had obtained against Woods & Brother, seeing it was ascertained and rendered certain by the award of arbitrators mutually chosen for that purpose by and between them and the Franklin Insurance Company. By the answers of the Company, it appears that the amount of the…

2Cited by6 opinions

  1. Shaw v. BotensCourt of Appeals for the Third Circuit · 1968
  2. Girard Fire & Marine Insurance v. Field, Merritt & Co.Supreme Court of Pennsylvania · 1863
  3. Franklin Fire Insurance v. WestSupreme Court of Pennsylvania · 1845
  4. Reid, Murdock & Co. v. MercurioMissouri Court of Appeals · 1902
  5. Girard Fire Ins. v. FieldSupreme Court of Pennsylvania · 1862

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