Benner v. Fire Ass'n
Supreme Court of Pennsylvania
Appeal, No. 376, Jan. T., 1909, by plaintiff, from judgment of C. P. Union Co., Jan. T., 1907, No. 49, on verdict for defendant in case of S. E. Benner v. Fire Association of Philadelphia. Assumpsit on a parol agreement to insure. Before McClure, P. J. The facts appear in the opinion of the Supreme Court.
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Appeal, No. 376, Jan. T., 1909, by plaintiff, from judgment of C. P. Union Co., Jan. T., 1907, No. 49, on verdict for defendant in case of S. E. Benner v. Fire Association of Philadelphia. Assumpsit on a parol agreement to insure. Before McClure, P. J. The facts appear in the opinion of the Supreme Court. At the trial the court rejected under objection and exception offers to show that insurance agents were accustomed, to agree to renewals in advance of the expiration of current policies [4, 6]. The court charged the jury as follows: [So the law says a parol executory contract, or a contract…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The plaintiff owned a piece of real estate with a dwelling house and a barn erected thereon, which improvements were insured with the defendant company under separate policies; the policy on the house expired August 19, 1905, and that on the barn November 2, ■ 1905. The insurance had been placed by one Hoch, an agent of the defendant company. According to the plaintiff’s testimony, some time in August, 1905, Hoch met him on the street and said, “The policy on your house will expire shortly.” A few days after this the plaintiff met Hoch and said, “Renew the…
2Cases cited22 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
- More v. New York Bowery Fire InsuranceNew York Court of Appeals · 1892
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- Murray v. FrickSupreme Court of Pennsylvania · 1923
- Huffman v. SimmonsSuperior Court of Pennsylvania · 1938
- Levan v. Pottstown, Phœnixville Ry. Co.Supreme Court of Pennsylvania · 1924
- Continental Ins. Co. v. SchulmanTennessee Supreme Court · 1917
- Aland v. PyleSupreme Court of Pennsylvania · 1919
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