Burson v. Fire Ass'n
Pennsylvania Court of Common Pleas, Monroe County
No. 183 July Term 1889, Sup. Ct.; court below, No. 7 February Term 1886, C. P. On January 4,1886, Stroud Burson brought debt against the Fire Association of Philadelphia upon a policy of insurance against fire, issued by the defendant company to the plaintiff. Issue.
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No. 183 July Term 1889, Sup. Ct.; court below, No. 7 February Term 1886, C. P. On January 4,1886, Stroud Burson brought debt against the Fire Association of Philadelphia upon a policy of insurance against fire, issued by the defendant company to the plaintiff. Issue. At the trial on December 17, 1887, the following facts were shown: Early in 1881, Simeon Flory, who was the proprietor of a store in Stroudsburg and owned a stock of hardware, tinware and tools therein contained, desired to sell out his stock and business for ready money, and proposed to his brother William S. Flory, who was then…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
This was an action of debt in the court below upon a policy of fire insurance issued by the appellant company to Stroud Burson upon a stock of merchandise contained in a building in Stroudsburg. The policy was for the sum of $3,000, and it was not denied that the loss exceeded that amount, nor was it alleged that there was the slightest taint of fraud about the transaction. The defence of the company is purely technical.
Among the warranties and conditions set forth in the policy, and to which the written contract is alleged to be subject, are the following:…
2Cases cited1 opinion
- Susquehanna Mutual Fire Insurance v. SwankSupreme Court of Pennsylvania · 1882
3Cited by15 opinions
- Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
- Overholt Et Ux. v. Reliance Ins. Co.Supreme Court of Pennsylvania · 1935
- Camden Fire Ins. Ass'n v. WandellCourt of Appeals of Texas · 1917
- Schock v. Penn Township Mutual Fire InsuranceSuperior Court of Pennsylvania · 1941
- Summers v. AlexanderSupreme Court of Oklahoma · 1911
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