De Bolle v. Pennsylvania Ins.
Supreme Court of Pennsylvania
This was an action of covenant, brought by John M. De Bollé, for the use of his assignees, William Vineyard and Joseph Flemming, against The Insurance Company of the State of Pennsylvania, upon a policy of insurance, dated the 15th day of December, 1827, between the defendants of the one part, and Joseph Femming, “ as well in his own name, as for and in the name and names of all and every other person and persons to whom the property thereby insured, did, might, or should…
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This was an action of covenant, brought by John M. De Bollé, for the use of his assignees, William Vineyard and Joseph Flemming, against The Insurance Company of the State of Pennsylvania, upon a policy of insurance, dated the 15th day of December, 1827, between the defendants of the one part, and Joseph Femming, “ as well in his own name, as for and in the name and names of all and every other person and persons to whom the property thereby insured, did, might, or should appertain,” of the other part,- whereby the defendants insured the sum of $2400 on “ one box of jewelry,” on board a…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
— Upon the trial of this cause, before Mr. Justice Sergeant, the counsel for the defendants interposed two objections to the recovery of the plaintiff: first, that the policy of insurance, given in evidence, being executed under the seal of the defendants, at the instance and in the name of Joseph Flemming alone, no action, of covenant could be maintained upon it in the name of the plaintiff. Secondly, that no evidence whatever was given, tending to prove that the plaintiff had an interest in the policy at the time it was procured by…
2Cases cited3 opinions
- Blymire v. BoistleSupreme Court of Pennsylvania · 1837
- Gourdon v. President of the Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1802
- Rousset v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1808
3Cited by14 opinions
- Greene County v. Southern Surety Co.Supreme Court of Pennsylvania · 1927
- Ardesco Oil Co. v. North American Oil & Mining Co.Supreme Court of Pennsylvania · 1870
- Bowers Co. v. London Assurance Corp.Superior Court of Pennsylvania · 1926
- Board of Education v. Winding Gulf CollieriesCourt of Appeals for the Fourth Circuit · 1945
- Johnson v. Kindred State BankNorth Dakota Supreme Court · 1903
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