Lebanon Mutual Insurance v. Kepler
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: Of January Term, 1884, No. 368. This was an action of covenant by Tilghman Kepler against the Lebanon Mutual Fire Insurance Company to recover the amount of a policy of insurance issued by the defendant to the plaintiff on the stock of grain, etc., in the latter’s mill. Pleas, non est factum, covenants performed, with leave, etc.
Read the full summary
Error to the Court of Common Pleas of Northampton county: Of January Term, 1884, No. 368. This was an action of covenant by Tilghman Kepler against the Lebanon Mutual Fire Insurance Company to recover the amount of a policy of insurance issued by the defendant to the plaintiff on the stock of grain, etc., in the latter’s mill. Pleas, non est factum, covenants performed, with leave, etc. On the trial, before Meyers, P. J., it appeared that the plaintiff presented to the defendant company a written application for a policy of insurance “ on stock of wheat, rye, oats, corn, flour, feed, barrels…
1Opinion of the CourtJustice Paxson
The first assignment alleges that the court below erred in not directing a verdict for the defendants, as requested by their eleventh point.
This point was based upon an alleged breach of warranty by the plaintiff. The breach consists in a supposed untrue answer to the following question in the application for insurance : “Is there other insurance on this property ? If so, in what company? To what amount?” To which the plaintiff answered: “ On building, §2,500 in Fire Insurance Company of Northampton ; on building, §2,500 in Farmers’ and Mechanics’ Mutual Insurance Company, Millersburg, Pa.;…
2Cases cited1 opinion
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by19 opinions
- Blue Anchor Overall Co. v. Pennsylvania Lumbermens Mutual InsuranceSupreme Court of Pennsylvania · 1956
- Fisher v. Fidelity Mutual Life Ass'nSupreme Court of Pennsylvania · 1898
- Franklin Life Insurance Company v. Mary E. Bieniek and Sewickley Savings & Loan AssociationCourt of Appeals for the Third Circuit · 1963
- Borgon v. John Hancock M. Life Ins.Superior Court of Pennsylvania · 1930
- Clarke v. Western Assurance Co., Pennsylvania Court of Common Pleas, Alleghany County1892
14 more not listed; retrieve them via the Exa API.