NEALE v. AMER. MOTORISTS FIRE INS. CO.


185 Pa.Super. 60 (1958)

Neale, Appellant, v. American Motorists Fire Insurance Company.

Superior Court of Pennsylvania.

January 21, 1958.


Attorney(s) appearing for the Case

Ward McCullough and McCullough & House, for appellant.

W. Davis Graham, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.


OPINION BY RHODES, P.J., January 21, 1958:

Plaintiff brought an action of assumpsit to recover on a policy of insurance issued by defendants covering damage by fire to plaintiff's Ford truck. Defendants' amended answer set up a release signed by the plaintiff. After reciting the issuance of the policy, the loss by fire, and the actual damage, the release contained the following:

"Now, therefore, in consideration of the matters related herein, it is agreed...

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