Legal Opinion

Greiner v. Safety Mutual Fire Insurance

Superior Court of Pennsylvania

Decided February 26, 1909No. Appeal, No. 155Published

Appeal, No. 155, Oct. T., 1908, by defendant, from judgment of C. P. Lancaster Co., Aug. T., 1904, No. 151, on verdict for plaintiff in case of H. N. Greiner to use of The Elizabethtown National Bank v. The Safety Mutual Fire Insurance Company. Assumpsit upon a policy of fire insurance. Before Landis, P. J. The facts are stated in the opinion of the Superior Court. At the trial the defendant offered in evidence the original application.

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Appeal, No. 155, Oct. T., 1908, by defendant, from judgment of C. P. Lancaster Co., Aug. T., 1904, No. 151, on verdict for plaintiff in case of H. N. Greiner to use of The Elizabethtown National Bank v. The Safety Mutual Fire Insurance Company. Assumpsit upon a policy of fire insurance. Before Landis, P. J. The facts are stated in the opinion of the Superior Court. At the trial the defendant offered in evidence the original application. Mr. Hensel: That is objected to upon the ground'that an exact copy of it is not attached to the policy as it requires. Disallowed. Defendant excepts. Bill of…

1Opinion of the Court

Opinion by

Beaver, J.,

This case, with another in which an opinion will follow (post, p. 391), was tried at the same time with Greiner, use of, v. Central Mutual Fire Ins. Co., in which an opinion has been this day filed, ante, p. 379. This case differs from the previous one, in that there was a regular written application, which purports *389to be copied in the policy. The original application was twice offered in evidence, the offer in both instances being rejected. In the first instance, the offer was made without giving any specific reason. The second time this was the offer: “Defendant desires…

2Cases cited3 opinions

  1. Morris v. State Mutual Life Assurance Co.Supreme Court of Pennsylvania · 1898
  2. Zimmer v. Central Accident InsuranceSupreme Court of Pennsylvania · 1904
  3. Moore v. BestlineSuperior Court of Pennsylvania · 1903

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