Hamilton v. Lycoming Mutual Insurance
Supreme Court of Pennsylvania
In error from the Common Pleas of Clinton. May 29. Case stated for tbe opinion of the court. On the 22d January, 1842, the plaintiff in error caused a survey to be made by the agent of defendants, of a building known as the Clinton academy, and made a written application to the agent for an insurance. In this it was stated, there was a flue in the house secured by. a sheet-iron collar.
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In error from the Common Pleas of Clinton. May 29. Case stated for tbe opinion of the court. On the 22d January, 1842, the plaintiff in error caused a survey to be made by the agent of defendants, of a building known as the Clinton academy, and made a written application to the agent for an insurance. In this it was stated, there was a flue in the house secured by. a sheet-iron collar. On the same day he executed and delivered to the agent a premium note, promising to pay in such sums as the directors might, according to their charter, demand. On this note the amount required to be paid in…
1Opinion of the CourtGibson, C. J.
In commercial towns, where the members of the profession are familiar with the law of insurance, actions on mere agreements to insure, whether against fire or perils of the sea, are not uncommon. They are noticed in 1 Phillips on Insurance, § 3, p. 9; but it. appears that the terms of the contract must have been settled by the concurrent assent of the parties, and that nothing must have remained to be done but to deliver the policy, else the risk will not have been begun: in other words, that the agreement must have had, at some particular instant, that aggregatia mentium which is…
2Cases cited3 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Chesnut Hill & Spring House Turnpike Co. v. RutterSupreme Court of Pennsylvania · 1818
- Clark v. RusselSupreme Court of Pennsylvania · 1834
3Cited by12 opinions
- Rossi v. Firemen's Insurance Co.Supreme Court of Pennsylvania · 1932
- Harris v. Meyers (Et Al.)Superior Court of Pennsylvania · 1947
- Levan v. Pottstown, Phœnixville Ry. Co.Supreme Court of Pennsylvania · 1924
- Benner v. Fire Ass'nSupreme Court of Pennsylvania · 1910
- St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
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