McClure v. Mutual Fire Ins.
Supreme Court of Pennsylvania
Appeal, No. 163, Jan. T., 1912, by plaintiff, from judgment of C. P. Lancaster Co., May T., 1911, No. 44, for defendant n. o. v. in case of Lillie McClure v. The Mutual Fire Insurance Company of Chester Co. Assumpsit on a policy of fire insurance. Before Landis, P. J. The opinion of the Supreme Court statés the facts. Verdict for plaintiff for $2,730. Subsequently on motion the court entered judgment for defendant n. o. v. Plaintiff appealed.
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Appeal, No. 163, Jan. T., 1912, by plaintiff, from judgment of C. P. Lancaster Co., May T., 1911, No. 44, for defendant n. o. v. in case of Lillie McClure v. The Mutual Fire Insurance Company of Chester Co. Assumpsit on a policy of fire insurance. Before Landis, P. J. The opinion of the Supreme Court statés the facts. Verdict for plaintiff for $2,730. Subsequently on motion the court entered judgment for defendant n. o. v. Plaintiff appealed. Error assigned was in entering judgment for defendant n. o. v. The articles alleged to be kept upon the premises did not avoid the policy: Franklin Fire…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This suit was brought on a fire insurance policy to recover for the total loss of a frame store building, dwelling house and attachments; and the defenses are: first, that the hazard of the risk was increased by changing the business conducted in the insured building from a general country store to a broom factory; and, second, that the keeping of gasoline, illuminating oil and gunpowder on the premises avoided the policy. The case was submitted to the jury and resulted in a verdict for the plaintiff. The jury were specifically instructed that *62there could be no…
2Cases cited21 opinions
- McKeesport Machine Co. v. Ben Franklin InsuranceSupreme Court of Pennsylvania · 1896
- Diehl v. the Adams County Mutual InsuranceSupreme Court of Pennsylvania · 1868
- Fraim v. National Fire Ins.Supreme Court of Pennsylvania · 1895
- Stacey v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1841
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1887
16 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Newman v. Massachusetts Bonding & InsuranceSupreme Court of Pennsylvania · 1949
- Rykill v. Franklin Fire InsuranceSuperior Court of Pennsylvania · 1923
- Smith v. Penn Township Mutual Fire Ass'nSupreme Court of Pennsylvania · 1936
- Mittet v. Home InsuranceSouth Dakota Supreme Court · 1926
- Globe & Rutgers Fire Insurance v. Indiana Reduction Co.Indiana Court of Appeals · 1916
13 more not listed; retrieve them via the Exa API.