McFarland v. Kittanning Ins.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FB.OM THE COURT OF COMMON PLEAS OF BLAIB COUNTY. No. 391 January Term 1889, Sup. Ct.; court below, No. 24 January Term 1888, C. P. On October 14, 1887, Silas McFarland brought assumpsit against the Kittanning Insurance Company upon a policy of insurance against fire or lightning, issued by the defendant company, upon the plaintiff’s barn and the contents thereof in Antis township. The defendant’s plea was non-assumpsit.
Read the full summary
APPEAL BY PLAINTIFF FB.OM THE COURT OF COMMON PLEAS OF BLAIB COUNTY. No. 391 January Term 1889, Sup. Ct.; court below, No. 24 January Term 1888, C. P. On October 14, 1887, Silas McFarland brought assumpsit against the Kittanning Insurance Company upon a policy of insurance against fire or lightning, issued by the defendant company, upon the plaintiff’s barn and the contents thereof in Antis township. The defendant’s plea was non-assumpsit. At the trial on March 17, 1890, the following facts were shown: On October 14, 1884, the defendant company issued to the plaintiff the policy in suit,…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
The subject of waiver by acts in pais, notwithstanding stipulations in a policy of insurance that nothing less than an express agreement indorsed on the policy shall be effectual for that purpose, has just been considered in Dwelling-House Ins. Co. v. Gould, ante, 570, (opinion filed herewith,) and we refer to the review of the cases there made, to show that the charge of the learned judge, that evidence of a parol waiver was not competent, cannot be sustained. Before reaching the conclusion, however, that the case was wrongly withdrawn from the jury, we must…
2Cases cited5 opinions
- Elkins & Co. v. Susquehanna Mutual Fire InsuranceSupreme Court of Pennsylvania · 1886
- Snowden v. Kittanning Ins.Supreme Court of Pennsylvania · 1888
- Coursin v. Pennsylvania InsuranceSupreme Court of Pennsylvania · 1863
- Niagara Fire Ins. v. MillerSupreme Court of Pennsylvania · 1888
- Universal Mutual Fire Insurance v. Weiss Bros.Supreme Court of Pennsylvania · 1884
3Cited by17 opinions
- Stonsz v. Equitable Life Assurance Society of the United StatesSupreme Court of Pennsylvania · 1936
- Grier v. Northern Assurance Co.Supreme Court of Pennsylvania · 1898
- Evans v. Metropolitan Life Ins. Co.Supreme Court of Pennsylvania · 1928
- Isaac v. Donegal & Conoy Mutual Fire Ins.Supreme Court of Pennsylvania · 1930
- German-American Insurance v. YeagleyIndiana Supreme Court · 1904
12 more not listed; retrieve them via the Exa API.