Susquehanna Insurance v. Perrine
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Susquehanna county. This was an action upon the case by Henry Perrine against The Mutual Insurance Company of Susquehanna county, to recover the amount of loss sustained by the plaintiff by reason of the burning of the stock in his tannery, and his saw-mill. The Act incorporating the defendants was passed the 21st March 1839, by which they were created a mutual insurance company.
Read the full summary
ERROR to the Common Pleas of Susquehanna county. This was an action upon the case by Henry Perrine against The Mutual Insurance Company of Susquehanna county, to recover the amount of loss sustained by the plaintiff by reason of the burning of the stock in his tannery, and his saw-mill. The Act incorporating the defendants was passed the 21st March 1839, by which they were created a mutual insurance company. In pursuance of their charter and by-laws, the property of the plaintiff was insured to the amount of $1600; to recover which this action was brought. The defence was that the application…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
A regulation established by a by-law is not obligatory on a stranger; and, if the plaintiff were such, he would not be affected by the blunder of the Company’s surveyor, notwithstanding the terms of application prescribed by the conditions of insurance. But the Act of incorporation provides that a party insured shall, ipso facto, be a member of the Company; and on no other plan could a mutual insurance company be constituted, the object of the members being to share each other’s losses for the general weal, and not to bear the risk of…
2Cited by10 opinions
- Kister v. Lebanon Mutual Ins., Pennsylvania Court of Common Pleas, York County1889
- Simeral v. Dubuque Mutual Fire InsuranceSupreme Court of Iowa · 1865
- Eilenberger v. Protective Mutual Fire InsuranceSupreme Court of Pennsylvania · 1879
- State v. KnowlesSupreme Court of Missouri · 1904
- Constructors' Assn. of W. Pa. v. FurmanSuperior Court of Pennsylvania · 1949
5 more not listed; retrieve them via the Exa API.