Penn. Mut. Fire Ins. v. Schmidt
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE SCHUYLKILL COUNTY. . No. 22 January Term 1888, Sup. Ct.; court below, No. 312 July Term 1884; O. P. On J une 25, 1884, an action of covenant was brought by Frank Schmidt against the Pennsylvania Mutual Fire Insurance Company, to recover upon a policy issued on January 17, 1882, for three years, to the amount of $1,100. The pleas were non est factum, covenants performed absque hoc.
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ERROR TO THE COURT OE COMMON PLEAS OE SCHUYLKILL COUNTY. . No. 22 January Term 1888, Sup. Ct.; court below, No. 312 July Term 1884; O. P. On J une 25, 1884, an action of covenant was brought by Frank Schmidt against the Pennsylvania Mutual Fire Insurance Company, to recover upon a policy issued on January 17, 1882, for three years, to the amount of $1,100. The pleas were non est factum, covenants performed absque hoc. At the trial on March 23, 1887, it was made to appear that the policy in suit contained as one of its conditions the following :— 7. If the property insured shall be incumbered…
1Opinion of the Court
Opinion,
Mr. Justice Paxson:
The policy of insurance upon which this suit was brought in the court below contained a covenant against incumbrances. It was in the usual form and need not be here repeated. During the life of the policy a judgment of $500 was entered against the insured, which was a lien upon the premises covered by the policy, and remained a lien to the time of the fire. No notice was given to the company of this incumbrance, as was required by the terms of the policy.
Upon the trial below the court permitted the plaintiff to prove that he did not know of the entry of the…
2Cases cited3 opinions
- Pennsylvania Insurance v. Gottsman's AdministratorsSupreme Court of Pennsylvania · 1864
- Seybert's Administrators v. Pennsylvania Mutual Fire InsuranceSupreme Court of Pennsylvania · 1883
- Brown v. Commonwealth Mutual InsuranceSupreme Court of Pennsylvania · 1862
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- Kister v. Lebanon Mutual Ins., Pennsylvania Court of Common Pleas, York County1889
- Gerling v. Agricultural Ins.West Virginia Supreme Court · 1892
- Hench v. Agricultural Ins.Supreme Court of Pennsylvania · 1888
- Todd v. Quaker City Mutual Fire InsuranceSuperior Court of Pennsylvania · 1899
- Kittelberger, Ex. v. Clearfield I. Co.Superior Court of Pennsylvania · 1932
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