Harley v. Lebanon M. Ins.

Citations

• 120 Pa. 182
• 21 W.N.C. 403
• 13 A. 833
• 1888 Pa. LEXIS 470

Syllabus

<p>In an action of debt upon a policy of fire insurance, brought by the insured for the use of an assignee, the declaration averred substantially that the defendant insured the properly of a firm composed of D, J. and P. D., in the firm name of P. D., by a covenant with the assured, “ their and his executors, administrators and assigns; ” an assignment by P. D. of his interest in the property and policy to his partner D. J.; a subsequent renewal of the policy with D. J. and a waiver thereby of a provision for the assent of the defendant to the transfer. Profert of the policy was made, but oyer was not craved: Held,</p> <p>1. That, oyer not having been craved, no part of the policy appeared to the court but that upon which the plaintiff had declared.</p> <p>2. That the declaration exhibited a good cause of action, quite sufficient to sustain a verdict rendered in favor of the plaintiff.</p>