Jacoby v. North British & Mercantile Insurance

Citations

• 10 Pa. Super. 366
• 1899 Pa. Super. LEXIS 292

Syllabus

<p>Evidence — Admissibility of affidavit to show admissions — Rule of court.</p> <p>Where an affidavit of defense in a suit on an insurance policy admits the execution of the policy and its delivery, but denies the adjustment and the furnishing of proofs of loss, the specific averment of facts and affidavit is admissible in evidence for the purpose of showing these admissions.</p> <p>Evidence — Affidavit of defense not admissible as evidence for defense.</p> <p>•An affidavit of defense is not admissible in evidence on the part of the defendant as evidence of the facts alleged therein.</p> <p>Statutes — Act of 1883 — Insurance—Notice to agent who countersigned policy.</p> <p>Under the Act of June 27, 1883, P. L. 165, the conditions of the policy are complied with when notice of loss and preliminary proofs are given to the agent of the company who countersigned the policy within the time designated by the act.</p> <p>Practice, G. P. — A point of law refused which assumes a fact whose existence is the crucial point of the case.</p> <p>The crucial point of the case being whether or not proofs of loss had been received by the defendant company it was not error to refuse a point which assumed that proofs had not been received when there was sufficient evidence given by the plaintiff to carry the case to the jury.</p> <p>Cross-examination — Scope touching inconsistent statements.</p> <p>It is permissible on cross-examination to show that a witness on a prior occasion has made statements inconsistent with his present one for the purpose of showing that his account of matters, as to which he is giving testimony, has not always been the same, but not for the purpose of showing that witness had deceived others. It is a legitimate way to impeach the testimony of a witness.</p> <p>Insurance — Buie as to incumbrances and false statements.</p> <p>Subsequent incumbrances defeat the policy, whether they fall upon the property with or without the knowledge or consent of the insured;