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· 1/3/1893

Latimore v. Dwelling House Ins.

Citations

  • 153 Pa. 324
  • 25 A. 757
  • 1893 Pa. LEXIS 1102

Syllabus

<p>Mre insurance — Pleading—Averments not denied by affidavit of defence— Proof — Practice, C. P.</p> <p>In an action on a fire insurance policy where the only defence alleged in the pleadings is that the loss occurred after the expiration of the policy, defendant will not be permitted at the trial to prove that no proof of loss was made by plaintiff, where a rule of court provides that no evidence will be heard as to facts not alleged in the papers on file.</p>

Judges: Hendrick, McCollum, Mitchell, Panson, Sterrett, Williams

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