82 Pa. Super. 298 | Pa. Super. Ct. | 1923
Argued October 3, 1923. This action was in assumpsit to recover a share in the proceeds of insurance collected by defendants for a fire in their bleachery, in which goods belonging to plaintiff were damaged. Defendants conducted a bleachery at Frankford, Philadelphia, and had taken out certain policies of insurance amounting to $25,000, which were in force on October 9, 1920, when a fire occurred resulting in damage to defendants' property consisting of machinery and equipment, and to plaintiff's property consisting of a stock of spreads which had been delivered to defendants to be finished and bleached. Before any adjustment was made with the insurance companies, defendants were notified that plaintiff claimed to be entitled to the protection of the policies and demanded a proportionate part of the proceeds. This notice and the demand were ignored by defendants, who collected from the insurance companies $10,610.75 for their own loss. There was no agreement by defendants to insure plaintiff's spreads. The case is before us on an assignment of error to the refusal of defendants' motion for judgment non obstante veredicto.
By the express terms of the policies of insurance, the plaintiff was insured "on any and all property of every kind and description (whether required to be specifically insured by the conditions of this policy or not) appertaining to or used by the assured in the equipment, operation, management and conduct of the business of the assured, principally bleaching, dyeing, drying and finishing fabrics. Property of the assured, held in trust or on consignment or sold but not removed, or belonging to others for which the assured is liable, including the value of labor thereon," while contained in certain described *300
buildings. Plaintiff's right to recover depends solely on the legal interpretation of these terms. It contends that the words "property of the assured, held in trust or on consignment or sold but not removed, or belonging to others for which the assured is liable," cover five different classes of property: (1) property of the assured; (2) property held in trust; (3) property on consignment; (4) property sold but not removed, and (5) property belonging to others for which the assured is liable. Defendants contend that but two classes of property are specified: (1) the assured's own property; (2) property of others for which the assured is liable. The learned judge of the court below seems to have based his conclusion that the policies covered the goods which are the subject of this controversy on the ground that the goods were held in trust. We do not have the benefit of his reasoning upon the clause of the policies quoted. Is the language broad enough to include plaintiff's goods? If the words "or belonging to others for which the assured is liable," were omitted, plaintiff's goods would be comprehended by the words "held in trust," a term not held to mean a technical, legal trust, but to cover goods entrusted to the insured as bailee: Siter v. Morrs,
The judgment is reversed and the record remitted to the court below with direction to enter a judgment in favor of the defendants notwithstanding the verdict.