West Branch Lumberman's Exchange v. American Central Insurance
West Branch Lumberman's Exchange v. American Central Insurance
Opinion of the Court
Opinion by
We discover no error in the rulings complained of in the first and second assignments. They are in exact accord with the decision of this court in Allegheny Insurance Co. v. O’Hanlon, 1 Walker, 359. In that case an inventory of goods totally destroyed was admitted, in connection with the testimony of the parties who made it, as tending to show the amount and value thereof. This is precisely what was done in the case at bar. The inventories of September 2 and October 28, 1895, were made by persons of large experience in the lumber business, and for the purpose of ascertaining the amount of lumber in the yard when each inventory was taken. They were based on 'estimates of the lumber in piles. The method of estimating it was that usually employed by lumbermen and the only practicable method of ascertaining the amount of lumber piled in the yard. Every grade and size of lumber piled there ivas inventoried separately. The manner of making the inventories ivas fully explained by the persons who made them, and the inventories, in connection with their testimony, were clearly competent for the purpose for which they were offered and admitted.
The third and fourth assignments relate to the refusal of the
The questions raised by the fifth, sixth, seventh, eighth, ninth and tenth assignments relate to the effect of the contract between the plaintiff and Kreamer upon the measure of the defendant’s liability in this suit. The defendant’s contention'is that under and by force of this contract the title to the logs passed to Kreamer, and consequently the plaintiff’s insurable interest is measured by the balance of the purchase money due under it. This is a construction of the contract to which we cannot assent. It was not intended to, and it did not, transfer the ownership of the logs to Kreamer. “ He was employed by
To the defendant’s contention that the policies taken out in the name of Kreamer should contribute to the loss, it is sufficient to say that these policies and the one in suit are not upon the same subjects, and therefore not double insurance. “ Double insurance takes place when the assured makes two or more insurances, either simultaneous or successive, on the same subject, the same risk and the same interest:” Clarke v. Western Assurance Co., 146 Pa. 561. The subjects insured in the Kreamer policies were “lumber of every discription, including lath, shingles and pickets, their own or held by them in trust, or sold but not delivered, on ground leased from John Q. Fertig, situate at Dauphin, Dauphin Co.” The policy in suit was “ 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 Fred. Kreamer at Dauphin, Dauphin Co., Penna.” Had the
Judgment affirmed.
Reference
- Full Case Name
- West Branch Lumberman's Exchange v. American Central Insurance Company
- Cited By
- 11 cases
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- Published
- Syllabus
- Insurance — Fire insurance — Inventory of goods destroyed — Evidence. 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. Insurance — Fire insurance — Ownership of goods — Double insurance. 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. Insurance — Fire insurance — Double insurance. Double insurance takes place when the assured makes two or more insurances, either simultaneous or successive on the same subject, the same risk and the same interest.