Pennsylvania State Reports Volume 226 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 Excerpt: ...the deeds under which she claimed title. Whether the company was aware that plaintiff's interest was dependent upon a tax title was, under the testimony, a question of fact for the jury, which was determined against defendant after being, in our opinion, fairly submitted. We must, therefore, now assume, that the manager of the company had actual knowledge of Mrs. Damms' interest in the property, and the circumstances under which it was acquired. Opinion of Court below. 226 Pa. The reasons relied upon to sustain the motion for judgment non obstante veredicto are (1) the interest of the insured was not that of unconditional and sole ownership, and (2) a waiver of that condition was not made in writing and attached to the policy. The clauses upon which these reasons are based are: " 1. This entire policy shall be void if.... the interest of the insured in the property be not truly stated herein...., or if the interest of the insured be other than unconditional and sole ownership. " 2. This policy is made and accepted subject to the foregoing stipulations and conditions, and together with such other provisions, agreements, or conditions as may be indorsed or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or other representative shall have such power or be deemed or held to have waived such provisions or conditions, unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be cl...