Insurance Co. v. Smith
Supreme Court of Pennsylvania
This was an action on the case, brought by the 'Insurance Company of the State of Pennsylvania, against John C. Smith, William H. Smith, John F. Lewis, Joseph R. Purclon, and William H. Jones, who survived Silas E. Weir.
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This was an action on the case, brought by the 'Insurance Company of the State of Pennsylvania, against John C. Smith, William H. Smith, John F. Lewis, Joseph R. Purclon, and William H. Jones, who survived Silas E. Weir. The case came on for trial before Judge Rogers, at a Nisi Prius held in Philadelphia on the 18th of November, 1836, when a verdict was taken for the plaintiffs for $723 30, subject to the opinion of the Court in bank upon the evidence, as to the right of the plaintiff to recover, and the amount of the recovery. If the Court should be of opinion with the plaintiff, judgment to…
1Opinion of the Court
The opinion of the court was delivered by
Rosees, J.
The actions are brought to recover a premium of insurance, on $15,000 specie, insured by J. C. & W. H. Smith, in the Caledonia, owned, two-thirds by J. C. & W. H. Smith, and one-third by Henry Toland, at and from Philadelphia to Canton, and on goods back. The specie was insured as the property of J. C. & W. H. Smith, but the plaintiff alleges that it was held in partnership with Weir, Lewis ’& Co., or that Weir, Lewis & Co. were the exclusive owners; and that, in either case, they are entitled to recover in one of the two actions brought. The…
2Cases cited2 opinions
- Dumas v. JonesMassachusetts Supreme Judicial Court · 1808
- Hacker v. PerkinsSupreme Court of Pennsylvania · 1840
3Cited by12 opinions
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Boone v. ChilesSupreme Court of the United States · 1836
- Barrell v. NewbyCourt of Appeals for the Seventh Circuit · 1904
- First Nat'l. Bk., to Use v. Getty, Exrx.Superior Court of Pennsylvania · 1935
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