Carnes v. Farmers' Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 98, April T., 1902, by defendant, from judgment of C.P. Westmoreland Co., Aug. T., 1900, No. 58, on verdict for plaintiff in case of Lydia Carnes and J. W. Gr. Carnes v. Farmers’ Fire Insurance Company. Assumpsit on a policy of fire insurance. Before McConnell, J. At the trial the defendant company claimed that there was a misstatement as to the ownership of the property, and that no proofs of loss were ever furnished.
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Appeal, No. 98, April T., 1902, by defendant, from judgment of C.P. Westmoreland Co., Aug. T., 1900, No. 58, on verdict for plaintiff in case of Lydia Carnes and J. W. Gr. Carnes v. Farmers’ Fire Insurance Company. Assumpsit on a policy of fire insurance. Before McConnell, J. At the trial the defendant company claimed that there was a misstatement as to the ownership of the property, and that no proofs of loss were ever furnished. The facts relative to both of these defenses are stated in the opinion of the Superior Court. The trial court charged in part as follows : [There is where one point…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The plaintiffs in this case are mother and son. They were holders of mortgages on certain premises occupied as a store and dwelling by the son. He applied to the agent of the defendant company for a policy of fire insurance to protect his own and his mother’s interests as mortgagees. He paid the premium. With the intention and purpose well understood by both him and the agent, a policy was written naming one, Mary L. Armstrong, as the insured, with the added clause, “ loss, if any, first payable to Mrs. Lydia Carnes and her son, J. W. G. Carnes, as their…
2Cases cited8 opinions
- Kister v. Lebanon Mutual Ins., Pennsylvania Court of Common Pleas, York County1889
- Pennsylvania Fire Insurance v. DoughertySupreme Court of Pennsylvania · 1883
- Roe v. Dwelling House InsuranceSupreme Court of Pennsylvania · 1892
- Dowling v. Merchants InsuranceSupreme Court of Pennsylvania · 1895
- McGonigle v. Susquehanna Mutual Fire InsuranceSupreme Court of Pennsylvania · 1895
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3Cited by5 opinions
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- Aldous v. National Ben Franklin Fire Ins.Superior Court of Pennsylvania · 1917
- Pennsylvania Co. for Insurances on Lives & Granting Annuities v. ConwaySupreme Court of Pennsylvania · 1946