Smith v. Farmers' & Mechanics' Mutual Fire Ins.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term 1879, No. 192. Covenant upon a policy of fire insurance brought by William B. Smith against the Farmers’ and Mechanics’ Mutual Fire Insurance Company of Millersburg, Pennsylvania. The case was submitted to a referee, John B. Dampman.
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Error to the Court of Common Pleas of Berks county: Of January Term 1879, No. 192. Covenant upon a policy of fire insurance brought by William B. Smith against the Farmers’ and Mechanics’ Mutual Fire Insurance Company of Millersburg, Pennsylvania. The case was submitted to a referee, John B. Dampman. Esq., under the Act of May 14th 1874. The facts as disclosed before the referee were substantially these: The plaintiff owned a building used as a carriage manufactory near Kutztown. On November 9th 1875, upon the solicitation of the agent of the defendant, he applied to the company for an…
1Opinion of the CourtJustice Sterrett
In the court below a clear prima facie case was made out by the plaintiff. To meet this the company interposed the defence that the policy was void under the fifteenth condition thereof, because the property was taken in execution before the fire; that it was void also for the reason that the plaintiff, at the time insurance was effected, had falsely represented, in answer to the twelfth interrogatory, that the property was not encumbered, either by mortgage or judgment. In support of the former ground of defence it was shown that the real estate was levied on before the insurance was…
2Cited by12 opinions
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