Clark & Thaw v. Wilder
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. The action below was assumpsit by Wilder & Co. against Clark & Thaw. The defendant’s warehouse in the city of Pittsburgh, in which goods of the plaintiffs to the amount of $4323.28 were deposited, was consumed by fire on tbe 26th June, 1853. The defendants had an insurance in the Delaware Mutual Insurance Company to the amount of $5000, and one in the Western Insurance Company in the sum of $10,000, “to protect the whole…
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Error to the District Court of Allegheny county. The action below was assumpsit by Wilder & Co. against Clark & Thaw. The defendant’s warehouse in the city of Pittsburgh, in which goods of the plaintiffs to the amount of $4323.28 were deposited, was consumed by fire on tbe 26th June, 1853. The defendants had an insurance in the Delaware Mutual Insurance Company to the amount of $5000, and one in the Western Insurance Company in the sum of $10,000, “to protect the whole interest of the assured themselves, in any way derived on said property in the first instance, and any surplus remaining to…
1Opinion of the Court
The opinion of the Court was delivered by
Black, J.
The only exception on which we are expected to reverse this judgment is, that the Court below should have given judgment for defendants instead of the plaintiffs on the point reserved. When we look at the record we find no point reserved. The verdict was given subject to the opinion of the Court on the *316whole case, whether the plaintiffs were entitled to recover. It is impossible for the human imagination to conceive of anything more unlike a point.
But this judgment was according to the verdict, and we affirm it, because, after an attentive…
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