Susquehanna Mutual Fire Insurance v. Tunkhannock Toy Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Wyoming county: Of January Term 1881, No. 192. Covenant, by S. Judson Stark etal., liquidating trustees of the Tunkhannock Toy Company (Limited), against the Susquehanna Mutual Fire Insurance Company of Harrisburg, Pa., on a policy of fire insurance, dated May 8th 1877, for $1500, issued by the company defendant, on a factory and machinery belonging to the Tunkhannock Toy Company (Limited). On the trial, the plaintiff put the policy in…
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Error to the Court of Common Pleas of Wyoming county: Of January Term 1881, No. 192. Covenant, by S. Judson Stark etal., liquidating trustees of the Tunkhannock Toy Company (Limited), against the Susquehanna Mutual Fire Insurance Company of Harrisburg, Pa., on a policy of fire insurance, dated May 8th 1877, for $1500, issued by the company defendant, on a factory and machinery belonging to the Tunkhannock Toy Company (Limited). On the trial, the plaintiff put the policy in evidence, and proved that the insured premises were totally destroyed by fire on December 16th 1877. Plaintiff’s counsel…
1Opinion of the CourtJustice Trunkey
Notice of dishonor of bills or non-payment of notes where the *429parties do not live in the same town is usually sent by mail. This usage has settled into law, so that the legal presumption is conclusive that the notice was received from the fact that the sender duly delivered it in the post-office properly addressed. And when it may he sent by mail, if sent by a messenger, it must be delivered within the time that the mail would have taken it. Necessity and convenience led to the usage and legal presumption. Unless notice of dishonor be promptly given, the drawer of a bill and endorsers of a…
2Cited by8 opinions
- Beeman v. Supreme LodgeSupreme Court of Pennsylvania · 1906
- Jensen v. McCorkellSupreme Court of Pennsylvania · 1898
- McSparran v. Southern Mutual InsuranceSupreme Court of Pennsylvania · 1899
- Neubert v. Armstrong Water Co.Supreme Court of Pennsylvania · 1905
- Susquehanna M. F. Ins. v. Leavy, Pennsylvania Court of Common Pleas, Clearfield County1890
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