Legal Opinion

Epstein v. Insurance Co. of North America

Supreme Court of Pennsylvania

Decided April 20, 1914No. Appeal, No. 31PublishedCited by 1 opinion

Appeal, No. 31, Jan. T., 1914, by defendant, from judgment of C. P. No. 2, Philadelphia Co., March T., 1913, No. 1680, on verdict for plaintiff, in case of Samuel Epstein, trading as Progressive Neck-wear Co., and Epstein Bros. v. Insurance Company of North America. Assumpsit on an insurance policy. Before Sulzberger, P. J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $1,588.50 and judgment thereon. Defendant appealed.

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Appeal, No. 31, Jan. T., 1914, by defendant, from judgment of C. P. No. 2, Philadelphia Co., March T., 1913, No. 1680, on verdict for plaintiff, in case of Samuel Epstein, trading as Progressive Neck-wear Co., and Epstein Bros. v. Insurance Company of North America. Assumpsit on an insurance policy. Before Sulzberger, P. J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $1,588.50 and judgment thereon. Defendant appealed. Errors assigned were in proceeding with the trial in the absence of counsel for the defendant and in submitting the case to the jury.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

The plaintiff’s property in the City of Philadelphia was insured in seventy companies, under seventy-six policies, aggregating $133,000. The property was destroyed by fire on October 9,1912. Payment was resisted on all the policies on the ground that the claims were excessive and fraudulent, and suits were brought by the insured on the policies. The present action being on the list for trial in Common Pleas No. 2 of Philadelphia County was called for trial on the morning of December 3,1913. The defendant’s counsel moved for a postponement of the trial until the…

2Cited by1 opinion

  1. Birdsong v. PolinskySuperior Court of Pennsylvania · 1914

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