Allegro v. Rural Valley Mut. Fire Ins.

Citations

• 268 Pa. 333
• 112 A. 140
• 1920 Pa. LEXIS 688

Syllabus

<p>Insurance — 'Fire insurance — Loss of bills and boohs — Evidence-Value of merchandise — Discontinuing business — Oross-examimaHon.</p> <p>1. In an action on a policy of fire insurance, where plaintiff’s evidence is to the effect that all his books, bills, etc., were destroyed by fire, it is competent for him to establish the value of his merchandise as a whole by the estimates of those familiar therewith and with the value of such property.</p> <p>2. Who are competent to express opinions on such subject, is a question resting largely in the discretion of the trial judge, with which an appellate court cannot interfere except in a cloar and Strong ease.</p> <p>3. In such suit, it is not material whether the assured desires to continue in the mercantile business, and cross-examination on such subject is properly excluded.</p> <p>Insurance — Fire insurance — Other insurance — Parol agreement —Affidavit of defense — Admissions—False sveearing.</p> <p>4. Where in an action on a fire policy, it is admitted in the affidavit of defense that the defendant insured the property in question as set forth in the statement of claim, it is not competent for defendant to offer evidence of a parol agreement that the policy should become effective only if plaintiff had no other insurance.</p> <p>5. In such suit, false swearing by the insured, in making proofs of loss, must, in order to defeat his claim, be shown by the insurance company to have been done wilfully and knowingly, and with intent to cheat and defraud the company.</p> <p>Practice, O. P. — Jury—Bequests for further instructions — Absence of party.</p> <p>6. The mere fact that at the jury’s request the court gave them further instructions, in the absence of one of the parties, will not entitle such party to a new trial, unless something occurred to his prejudice.</p> <p>Appeals — Charge—Assignments of error — Exceptions — No request to reduce charge to writing and file it.</p> <p>7. The charge of the court and parts there