Ellmaker v. Franklin Fire Insurance
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. This was an action of covenant brought by the Franklin Fire Insurance Company of Philadelphia against Hannah Ellmaker, executrix of Levi Ellmaker, deceased. ‘ The defendant pleaded “covenants performed, with leave,” &c., and also specially, that “on the 20th November 1834, the plaintiffs, in due form of law, executed their policy of insurance to a certain John M’Michael, whereby the said plaintiffs insured…
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ERROR to the District Court for the city and county of Philadelphia. This was an action of covenant brought by the Franklin Fire Insurance Company of Philadelphia against Hannah Ellmaker, executrix of Levi Ellmaker, deceased. ‘ The defendant pleaded “covenants performed, with leave,” &c., and also specially, that “on the 20th November 1834, the plaintiffs, in due form of law, executed their policy of insurance to a certain John M’Michael, whereby the said plaintiffs insured against loss and damage by fire, for the consideration therein mentioned, two unfinished three story brick buildings on…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Had the auditor’s report been received without the rest of the record, it might have been deemed error; but the whole was given entire, and to show, what l Not the truth of any fact adjudicated, but how much of the money raised from the *443mortgaged property was paid on the judgment. The order of distribution was itself an independent fact, and, for the end proposed, evidence against, not only parties or privies, but all the world.
The question in regard to the contract declared on, is raised by the first and third exceptions. In' form it is a…
2Cases cited2 opinions
- Spencer v. SouthwickNew York Supreme Court · 1812
- Pritchet v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1803
3Cited by16 opinions
- Dushane v. BenedictSupreme Court of the United States · 1887
- Fifth Mutual Building Society of Manayunk's AppealSupreme Court of Pennsylvania · 1934
- Hunt v. GilmoreSupreme Court of Pennsylvania · 1868
- Robert Grace Contracting Co. v. Norfolk & Western Railway Co.Supreme Court of Pennsylvania · 1918
- Stucker v. ShumakerSupreme Court of Pennsylvania · 1927
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