State Mutual Fire Insurance v. Roberts
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit by Morris Roberts, for the use of John Scott, against the State Mutual Eire Insurance Company, upon a policy of insurance against fire, issued by the defendants on the 12th December 1853, whereby they insured the plaintiff, for the term of two years, against loss or damage by fire, to the extent of $2500, on his brick dwelling-house in McKeesport.
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Error to the District Court of Allegheny county. This was an action of assumpsit by Morris Roberts, for the use of John Scott, against the State Mutual Eire Insurance Company, upon a policy of insurance against fire, issued by the defendants on the 12th December 1853, whereby they insured the plaintiff, for the term of two years, against loss or damage by fire, to the extent of $2500, on his brick dwelling-house in McKeesport. The policy contained a proviso that, if the insured or his assigns should thereafter make any other insurance on the same property, and should not, with all reasonable…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
There is hut a single question in this case. It is raised by the answer given in the court below to the first point propounded by the defendants.
The policy contained the usual provision that it should not be assignable, unless the assignee should, before any loss, give notice of the assignment in pursuance of the by-laws of the company, and have the same endorsed on or annexed to the policy. One of the by-laws designated the mode in which assignments should be made, and required that they should be approved by a director.
Another provision of…
2Cases cited2 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Traders' Insurance v. RobertNew York Supreme Court · 1832
3Cited by10 opinions
- SPIRES Et Ux. v. Hanover Fire Ins. Co.Supreme Court of Pennsylvania · 1950
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Mineo v. Eureka Security Fire & Marine InsuranceSuperior Court of Pennsylvania · 1956
- Clarke & Cohen v. Real Ex Rel. Stroudsburg Nat. BankSuperior Court of Pennsylvania · 1931
- Bowers Co. v. London Assurance Corp.Superior Court of Pennsylvania · 1926
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