West Branch Lumberman's Exchange v. American Central Insurance

Citations

• 183 Pa. 366
• 38 A. 1081
• 1898 Pa. LEXIS 1057

Syllabus

<p>Insurance — Fire insurance — Inventory of goods destroyed — Evidence.</p> <p>In an action upon a policy of fire insurance an inventory, made before tlie fire, of the goods totally destroyed is admissible in evidence, in connection with the testimony of the parties who made it, as tending to show the amount and value of the goods destroyed.</p> <p>Insurance — Fire insurance — Ownership of goods — Double insurance.</p> <p>A lumberman’s exchange, incorporated, took out a policy of fire insurance “ on lumber, lath and pickets, their own or held by them in trust, or on commission,-or sold but not delivered, piled in the yard leased by K.” At the time the goods were destroyed, the assured had not parted with its interest in the goods. K. had been intrusted with tlie property under a contract of bailment to saw the logs into lumber. A printed clause in the policy provided that “ the interest of the assured shall be unconditional and sole ownership.” K., without the knowledge of the exchange, took out a policy of insurance “ on lumber of eveiy description, including lath, shingles and picket's, their own or held by them in trust, or sold but not delivered, on ground leased from F.” This “ ground ” was the same as the “ yard ” mentioned in the first policy. Held, (1) that the lumber exchange did not violate the condition of the policy in regard to ownership of the goods; (2) that the written stipulation should prevail over the printed stipulation ; (3) that the contract with K. did not constitute such a change of ownership as the insurance company could object to; (4) that the policy taken out in the name of K. and tlie one in suit were not upon the same subjects,- and therefore not double insurance; (5) that the word “ lumber ” as used in the policy in suit did not include shingles; (6) that as the lumber exchange did not know of the K. insurance until after the fire, or consent to it at anytime, the policy in suit was not affected by such insurance.</p> <p>Insurance — F