Bartlett v. Rothschild

Citations

• 214 Pa. 421
• 63 A. 1030
• 1906 Pa. LEXIS 674

Syllabus

<p>Insurance — Marine insurance — Agent—Personal liability of agent — Act of May 1, 1876, sec. 48, P. L. 53.</p> <p>Under the Act of May 1, 1876, sec. 48, P. L. 53, an agent of a foreign insurance company which has not complied with the laws of Pennsylvania, is personally liable on all contracts of insurance made by or through him on behalf of such company; and it is immaterial that the contract of insurance was not made in this state.</p> <p>In an action against an agent of a foreign insurance company which has not complied with the laws of this state, to enforce the personal liability of the agent under the act of May 1, 1876, the fact that the property insured was within the stat.e when the contract of insurance was made, is sufficiently established by evidence that the property insured was a vessel, that the residence of the owners of the vessel was in Pennsylvania, and that the vessel sailed from a Pennsylvania port on the voyage during which it was lost.</p> <p>Practice, C. P. — Direction of verdict for plaintiff — Evidence—Province of jury.</p> <p>In an action of assumpsit upon a contract it is never permissible for the court to direct a verdict for the plaintiff, except where the evidence is exclusively documentary and admittedly correct. Where plaintiff’s claim rests upon oral testimony the credibility of the witnesses is always a matter to be passed oñ by the jury, and the court cannot relieve them of it.</p>