Renninger v. Dwelling House Insurance
Supreme Court of Pennsylvania
Appeal, No. 482, Jan. T., 1895, by plaintiff, from judgment of C. P. Cumberland Co., on verdict for defendant. Assumpsit on a policy of fire insurance. At the trial it appeared that the policy contained the following clause: “ If the property real or personal covered by this policy be or become incumbered by a mortgage, trust-deed, judgment or otherwise, the entire policy shall be void, unless otherwise provided by agreement endorsed hereon or added hereto.”
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Appeal, No. 482, Jan. T., 1895, by plaintiff, from judgment of C. P. Cumberland Co., on verdict for defendant. Assumpsit on a policy of fire insurance. At the trial it appeared that the policy contained the following clause: “ If the property real or personal covered by this policy be or become incumbered by a mortgage, trust-deed, judgment or otherwise, the entire policy shall be void, unless otherwise provided by agreement endorsed hereon or added hereto.” The policy was upon farm buildings, and the property was described as unincumbered. The plaintiff derived title from his father’s will,…
1Opinion of the Court
Per Curiam,
There is but a single question in this case. The plaintiff' took under his father’s will a farm described as “the homestead,” containing one hundred and fifty-seven acres with all the buildings and improvements thereon at the price of eight thousand dollars. This sum was to be paid in annual installments to the testator’s other children. The buildings on this farm were insured by the devisee and the property described as unincumbered. The question thus raised is whether the eight thousand dollars charged upon this property by the devisor was-an incumbrance upon the title of the…
2Cited by1 opinion
- Coal Co. v. Insurance Co.Superior Court of Pennsylvania · 1900