Boyce v. Union Dime Permanent Loan Ass'n

Citations

• 218 Pa. 494
• 67 A. 766
• 1907 Pa. LEXIS 555

Syllabus

<p>Contract — Consideration—Mortgage—Agreement by mortgagee to place insurance — Foreign attachment.</p> <p>Where a mortgagor has placed annual insurance on the mortgaged property, and has assigned the policy to the mortgagee, and thereafter the mortgagee for its own advantage and profit agrees to place the insurance itself, and collect the premium afterwards from the mortgagor, and it appears that in placing the insurance in a particular year, the wrong property was described, and the mortgaged property was left uninsured, and a fire resulted, the mortgagee is liable for the loss in assumpsit to the mortgagor, and the latter may maintain a foreign attachment against the mortgagee to recover such loss.</p> <p>Appeals — Assignments of error — Evidence—Points.</p> <p>An assignment of error to a ruling on evidence which does not set out the testimony referred to, nor give the page of the paper-book, where it is printed in its regular order, violates rule 31, and will not be considered.</p> <p>An assignment of error to an answer to a point, which does not set out either the point referred to, or the answer totidem verbis violates rule 29.</p>