McClellan v. Madonti

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtLINN, Justice.
Citation169 A. 760
Decision Date02 January 1934
PartiesMcCLELLAN et ux. v. MADONTI (NEW AMSTERDAM CASUALTY CO., Garnishee).
169 A. 760

McCLELLAN et ux.
v.
MADONTI (NEW AMSTERDAM CASUALTY CO., Garnishee).

Supreme Court of Pennsylvania.

Jan. 2, 1934.


Appeals Nos. 287, 288, January term, 1933, from judgments of the Court of Common Pleas, No. 2, Philadelphia County, as of March term, 1931, No. 11006; E. O. Lewis, Judge.

Trespass for personal injuries by George G. McClellan and wife against Frank Madonti, in which the New Amsterdam Casualty Company was made garnishee. Verdict and judgment for first named plaintiff of $1,000, and for second named plaintiff of $4,000, and garnishee appeals.

Affirmed.

Argued before FRAZER, C. J., and SIMPSON, KEPHART, SCHAFFER, MAXEY, DREW, and LINN, JJ.

Raymond A. White, Jr., Maurice W. Sloan, and Sloan, White & Sloan, all of Philadelphia, for appellant.

Ralph B. Umsted and Umsted & Wolfe, all of Philadelphia, for appellees.

LINN, Justice.

After appellees, husband and wife, obtained judgment against Madonti for damages resulting from his negligent automobile driving, they brought in the appellant as garnishee by attachment sur judgment. The trial on the issue, then made by plaintiffs' interrogatories and appellant's answers, resulted in judgments against appellant, from which it now appeals. The single question is, Did appellant have notice of the suit against) Madonti as conditioned by the contract?

Appellant had issued its policy to one Nelson, indemnifying against liability (West v. MacMillan, 301 Pa. 344, 152 A. 104) on certain conditions. Paragraph 8, entitled "Omnibus Coverage" 1 extended the insurance to any one "legally operating" the automobile "with the permission of" Nelson. He loaned

the car to Madonti, who thus became an insured. The judgment against Madonti established his negligence and plaintiffs' damage.

We then inquire whether appellant had proper notice. Condition B required the assured (a term including Madonti, see omnibus clause, supra) to "give immediate written notice of any accident and like notice of any claim or suit resulting therefrom, together with every summons or other process [to appellant] or to its authorized representative." The accident happened January 19, 1930. January 20, 1930, notice was given to and received by appellant which promptly made an investigation of the occurrence. Plaintiffs brought suit against Nelson to June term, 1930; appellant was duly notified and caused its attorney to enter an appearance for Nelson, as required by the policy. That case has not been...

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16 practice notes
  • Houran v. Preferred Acc. Ins. Co. of New York, No. 109.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • November 4, 1937
    ...a sufficient compliance with the terms of the policy, in the absence of action by the insured. McClellan v. Madonti, 313 Pa. 515, 517, 518, 169 A. 760, 761; Slavens v. Standard Accident Ins. Co. (C.C.A.) 27 F.(2d) 859, 861; Metropolitan Casualty Ins. Co. v. Colthurst (C.C.A.) 36 F.(2d) 559,......
  • Northwestern Mut. Ins. Co. v. Independence Mut. Ins. Co., No. 30065
    • United States
    • Court of Appeal of Missouri (US)
    • January 6, 1959
    ...& Indemnity Co. v. Randall, 125 Ohio St. 581, 183 N.E. 433; Morris v. Bender, 317 Pa. 533, 177 A. 776; McClellan v. Madonti, 313 Pa. 515, 169 A. 760; Butler v. Eureka Security Fire & Marine Ins. Co., 21 Tenn.App. 97, 105 S.W.2d 523; Jameson v. Farmers Mutual Automobile Ins. Co., 181 Kan. 12......
  • Miller v. Zurich General Acc. & Liability Ins. Co., No. A--236
    • United States
    • New Jersey Superior Court – Appellate Division
    • July 5, 1955
    ...859, 861 (9th Cir. 1928); Scott v. Inter-Insurance Exchange, 352 Ill. 572, 186 N.E. 176 (Sup.Ct.1933); McClellan v. Madonti, 313 Pa. 515, 169 A. 760 This disposition of the Ratio decidendi of the county district court requires that we turn our attention to the other Page 294 bases for immun......
  • Hargrove v. CNA Ins. Group
    • United States
    • Superior Court of Pennsylvania
    • June 21, 1974
    ...prejudice to its position. Camercon v. Berger, Page 787 336 Pa. 229, 7 A.2d 293 (1939); see also McClellan v. Madonti, 313 Pa. 515, 169 A. 760 (1934); Bachman v. Monte, 326 Pa. 289, 192 A. 485 (1937). See also Donaldson v. Farm Bureau Mutual Automobile Ins. Co. 339 Pa. 106, 14 A.2d 117 (194......
  • Request a trial to view additional results
16 cases
  • Houran v. Preferred Acc. Ins. Co. of New York, No. 109.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • November 4, 1937
    ...a sufficient compliance with the terms of the policy, in the absence of action by the insured. McClellan v. Madonti, 313 Pa. 515, 517, 518, 169 A. 760, 761; Slavens v. Standard Accident Ins. Co. (C.C.A.) 27 F.(2d) 859, 861; Metropolitan Casualty Ins. Co. v. Colthurst (C.C.A.) 36 F.(2d) 559,......
  • Northwestern Mut. Ins. Co. v. Independence Mut. Ins. Co., No. 30065
    • United States
    • Court of Appeal of Missouri (US)
    • January 6, 1959
    ...& Indemnity Co. v. Randall, 125 Ohio St. 581, 183 N.E. 433; Morris v. Bender, 317 Pa. 533, 177 A. 776; McClellan v. Madonti, 313 Pa. 515, 169 A. 760; Butler v. Eureka Security Fire & Marine Ins. Co., 21 Tenn.App. 97, 105 S.W.2d 523; Jameson v. Farmers Mutual Automobile Ins. Co., 181 Kan. 12......
  • Miller v. Zurich General Acc. & Liability Ins. Co., No. A--236
    • United States
    • New Jersey Superior Court – Appellate Division
    • July 5, 1955
    ...859, 861 (9th Cir. 1928); Scott v. Inter-Insurance Exchange, 352 Ill. 572, 186 N.E. 176 (Sup.Ct.1933); McClellan v. Madonti, 313 Pa. 515, 169 A. 760 This disposition of the Ratio decidendi of the county district court requires that we turn our attention to the other Page 294 bases for immun......
  • Hargrove v. CNA Ins. Group
    • United States
    • Superior Court of Pennsylvania
    • June 21, 1974
    ...prejudice to its position. Camercon v. Berger, Page 787 336 Pa. 229, 7 A.2d 293 (1939); see also McClellan v. Madonti, 313 Pa. 515, 169 A. 760 (1934); Bachman v. Monte, 326 Pa. 289, 192 A. 485 (1937). See also Donaldson v. Farm Bureau Mutual Automobile Ins. Co. 339 Pa. 106, 14 A.2d 117 (194......
  • Request a trial to view additional results

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