Darlington v. Phœnix Mutual Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 349, Jan. T., 1899, by defendant, from judgment of C. P. Chester Co., Jan. T., 1898, No. 67, on verdict for plaintiff. Assumpsit on a policy of fire insurance.
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Appeal, No. 349, Jan. T., 1899, by defendant, from judgment of C. P. Chester Co., Jan. T., 1898, No. 67, on verdict for plaintiff. Assumpsit on a policy of fire insurance. Before Butler, J. At the trial it appeared that the application signed by the insured and attached to the policy contained the following clause: ■■ ' For value received, and the consideration of a policy of insurance to be issued by the Phoenix Mutual Fire Insurance Company, Phoenixville, Pa., upon the approval of my application for insurance in said company, of this date, I promise to pay the said company such sum or sums…
1Opinion of the Court
Per Curiam,
The expression “ within forty days after notice,” contained in the application, certainly does mean after notice actually received by tlio insured. The expressions, “ within ninety days from date of notice,” contained in the application, and “ within forty days of the date of notice” and “within ninety days of the above date ” might mean within the number of days mentioned, from or after the particular date of a writing which contained notice, or it might mean, within so many days after the receipt of notice by the party to be affected. We are of opinion in this case that these…