Wachter v. Phœnix Assurance Co.
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 37 July Term 1889, Sup. Ct.; court below, No. 345 December Term 1887, C. P. No. 3. On December 3,. 1887, Noah Wachter brought assumpsit against the Phoenix Assurance Company of London, upon a policy of insurance against loss by fire.
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 37 July Term 1889, Sup. Ct.; court below, No. 345 December Term 1887, C. P. No. 3. On December 3,. 1887, Noah Wachter brought assumpsit against the Phoenix Assurance Company of London, upon a policy of insurance against loss by fire. The defendant pleaded non-assumpsit and payment with leave. •' At the trial on February 11, 1889, the following facts were shown: The defendant company was an English corporation, engaged in the business of insurance against fire within the United States. Its business in this…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
The facts upon which this contention appears to hinge are few, and undisputed.
In December, 1885, the Phoenix Assurance Company, defendant below, issued a policy of insurance to Charles Otto Wade, for $1,000, on his frame cottage at Anglesea, N J. The risk was solicited and policy delivered to the insured, by J. P. Spofford, of Holly Beach, who, in that regard at least, acted for the company. Shortly afterwards, Wade borrowed from Noah Wachter, the plaintiff below, $850, secured by a mortgage of the cottage property, supplemented by the insurance policy. For the…
2Cases cited3 opinions
- Griswold v. GebbieSupreme Court of Pennsylvania · 1889
- Mentz v. Lancaster Fire InsuranceSupreme Court of Pennsylvania · 1875
- Geo. K. Hubbard & Co. v. Tenbrook & BroSupreme Court of Pennsylvania · 1889
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- Levinton v. Ohio Farmers InsuranceSupreme Court of Pennsylvania · 1920
- Thomas v. Employers Liability Assurance Corp. Ltd. of LondonSupreme Court of Pennsylvania · 1925
- St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
- Murphy v. Beverly Hills Realty Corp.Superior Court of Pennsylvania · 1929
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