Lycoming Insurance v. Mitchell & Boyle
Supreme Court of Pennsylvania
Error to the Common Pleas of Indiana county. This was an action of covenant on a policy of insurance by James Mitchell and William Boyle, for the use of David Ellis and Conrad Hoffman, against the Lycoming County Mutual Insurance Company. The policy was for $5000, dated December 10th 1855, to take effect from November 22d 1855, and continue five years.
Read the full summary
Error to the Common Pleas of Indiana county. This was an action of covenant on a policy of insurance by James Mitchell and William Boyle, for the use of David Ellis and Conrad Hoffman, against the Lycoming County Mutual Insurance Company. The policy was for $5000, dated December 10th 1855, to take effect from November 22d 1855, and continue five years. The property insured was a new frame grist-mill, seventy by forty-five feet, in White township, with the machinery, stock, engine, boiler, &e. Mitchell and Boyle were owners of four lots of ground in White township, by purchase, under articles…
1Opinion of the Court
The opinion of the court was delivered by
Agnew, J.
— Looking at the language of the defendants’ first point, there is certainly much excuse for the error into which the court helow fell in their answer, and were it not that in weighing the whole case as it ought to have appeared to the mind of the judge when he answered the point, and the manifest injustice resulting from the instruction, we should be disposed to leave the plaintiffs in error to take the consequences of the inapt, indeed incorrect language of the point.
A “ valued policy” is not understood to be one which estimates the value of…
2Cited by10 opinions
- Western & A. Pipe Lines v. Home Ins., Pennsylvania Court of Common Pleas, Washington County1891
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Hoffman v. Mutual Fire Insurance Co. of ReadingSupreme Court of Pennsylvania · 1922
- Karp v. Fidelity-Phenix Fire InsuranceSuperior Court of Pennsylvania · 1938
- Gerhard v. Boston Ins. Co.District Court, E.D. Pennsylvania · 1951
5 more not listed; retrieve them via the Exa API.