Dowling v. Merchants Insurance Co. of Newark, N.J.
Decision Date | 20 May 1895 |
Docket Number | 205 |
Citation | 31 A. 1087,168 Pa. 234 |
Parties | Josiah Dowling v. Merchants Insurance Co. of Newark, N.J., Appellant |
Court | Pennsylvania Supreme Court |
Argued March 13, 1895
Appeal, No. 205, Jan. T., 1895, by defendant, from judgment of C.P. Monroe Co., May T., 1893, No. 33, on verdict for plaintiff. Affirmed.
Assumpsit upon a policy of fire insurance.
At the trial it appeared that the policy was for $5,000, covering a dwelling house and household furniture. The building was described in the policy as being "occupied by insured as a dwelling house only." The evidence showed that the house was used as a boarding house, but that the agent who wrote the policy was fully informed of this fact by plaintiff, and that plaintiff did not read the policy until after the trial. Further facts appear by the charge of the court.
The court charged in part as follows:
Verdict and judgment for plaintiff for $5,470.83. Defendant appealed.
Errors assigned were among others (5-7) above instructions, quoting them.
The judgment is affirmed.
E. N Willard, of Willard, Warren & Knapp, A. R. Brittain with him, for appellant. -- When a contract of insurance is reduced to writing, prior negotiations of the parties in respect to it are deemed to be merged in the document which, in law, is conceived to be the evidence of the agreement they finally fix...
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