176 A. 205 | Pa. | 1934
This is an action in assumpsit on a policy of fire insurance issued by defendant to plaintiff upon a barn and its contents. The policy contained the usual provision that "This entire policy shall be void . . . if the interest of the insured be other than unconditional and sole ownership." At the trial, plaintiff admitted that the property was held by himself and his wife as tenants by entireties, under a deed made to them jointly after their marriage. There was no proof that plaintiff had the entire beneficial ownership or that defendant or its agent had any notice as to how the property was held. On motion, the trial judge entered a compulsory nonsuit at the close of plaintiff's case, on the ground, inter alia, that plaintiff was not the unconditional and sole owner of the property insured. The court in banc refused to take off the nonsuit, and plaintiff appealed.
It is true that a tenant by the entirety is regarded as seised of the whole estate, and not of an undivided interest (Diver v. Diver,
In Schroedel v. Humboldt Fire Ins. Co.,
It follows that the nonsuit was properly entered, for the reason that plaintiff was not the unconditional and sole owner of the property insured. In this state of the case it is unnecessary to pass on the other questions argued by the parties.
Judgment affirmed. *413