138 Pa. 137 | Pa. | 1890
OPINION,
The plaintiff was thrown out of court on the merest technicality. It claims to have been incorporated in June, 1884, under the laws of the state of Illinois, and has been doing business since that time in the city of Chicago. On May 7, 1887, it procured a policy of insurance from the defendant company on its property, for the term of one year. This policy was issued to the “ Union Type Foundry,” that being the plaintiff’s corporate name. The premium money was paid by a check drawn in the name of the “ Union Type Foundry,” payable to the Kittanning Insurance Company. A fire occurred in January, 1888, by which the property insured was destroyed. In all the correspondence and intercourse between the plaintiff and the insurance company, in consequence of the fire, the plaintiff was known only as the “ Union Type Foundry.” The defendant failing to make good the loss, a suit was finally commenced against it in the name of the “ Union Type Foundry.” To this suit the defendant put in an affidavit, alleging as the only
The first, second, and seventh assignments of error are sustained. The remaining assignments are not important in our view of the case.
The judgment is reversed and a venire facias de novo awarded.