Coleman v. New York Bowery Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 398, Jan. T., 1895, by defendant, from judgment of C. P. Lycoming Co., June T., 1894, No. 400, on verdict for plaintiff. Assumpsit on a policy of fire insurance.
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Appeal, No. 398, Jan. T., 1895, by defendant, from judgment of C. P. Lycoming Co., June T., 1894, No. 400, on verdict for plaintiff. Assumpsit on a policy of fire insurance. Before Metzger, P. J. At the trial it appeared that the policy contained the following provision: “ The insured as often as required shall produce for examination all books of account, bills, invoices and other vouchers, or certified copies thereof if originals be lost, at such reasonable place as may be designated by this company or its representatives.” The property destroyed consisted mainly of walking sticks and camp…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The learned court below carefully instructed the jury that the plaintiff was bound, upon the demand of the defendant, to produce to the defendant his bills and vouchers for the goods claimed to be lost, or certified copies thereof, if it was in Iris power to do so. The court distinctly said to the jury, “ If he could produce these bills, or those copies and vouchers that they demanded, and did not do so, then he could not recover anything on that item.” The matter left to the jury was that *243if they were satisfied from all the evidence in the case that the plaintiff…
2Cases cited3 opinions
- O'Brien v. . Commercial Fire Ins. Co.New York Court of Appeals · 1875
- Mispelhorn v. Farmers' Fire InsuranceCourt of Appeals of Maryland · 1880
- Langan v. Royal Ins.Supreme Court of Pennsylvania · 1894
3Cited by4 opinions
- Butler Candy Co. v. Springfield Fire & Marine Ins.Supreme Court of Pennsylvania · 1929
- Mutual Fire Insurance Co. of Montgomery County v. PickettCourt of Appeals of Maryland · 1912
- Seibel v. Lebanon Mutual InsuranceSupreme Court of Pennsylvania · 1900
- State v. DaySupreme Court of Louisiana · 1885