243 Pa. 485 | Pa. | 1914
Opinion by
The elaborate opinion filed by the learned chancellor in the court below in which he finds the facts and discusses the law applicable to the facts fully vindicates his conclusion in sustaining the bill filed by the appellee. The decree may well be affirmed on his opinion. _J
We agree with the appellants that where a bailor of property claims under a fire policy effected by one not the owner of the goods it must appear that the party effecting the insurance intended when taking out the policy to cover the subsequent claimant’s interest. This is a correct proposition, and we understand the appellee to concede it. But how shall such intention in the case in hand be ascertained? Certainly not, as contended by the appellants, by parol evidence, but by the terms of the contract contained in the policy issued by the insurance company to the appellants. It secures against loss by fire: “On merchandise of every description incidental to the business of the assured, consisting chiefly of grain, grain products, country produce, bailed hay and straw, bags and supplies, their own or held by them in trust or on commission or consignment or sold but not removed, all while contained in the iron-clad building occupied as elevator, situate on West Carson street, Nineteenth
It is clear, we think, that the property of the plaintiff is within the language of the policy issued to the appellants, and, therefore, as between the parties to the con
We think the appellants fail to distinguish between a third party who is claiming against or independent of the provisions of the contract and therefore strictly a stranger to it, and a person who is claiming under it through one of the parties. When this distinction is observed, the authorities will be found to be in accord.
Decree affirmed.