BENCHOFF v. PARADISE MUTUAL INS. CO.

No. 6.

14 Pa. D. & C. 2d 763 (1958)

Benchoff v. Paradise Mutual Insurance Co.

Common Pleas Court of Adams County, Pennsylvania.

March 10, 1958.


Attorney(s) appearing for the Case

Brown, Swope & MacPhail, for plaintiff.

Bailey and Rupp, and Bulleit & Bulleit, for defendants.


SHEELY, P. J., March 10, 1958.

This is a motion by plaintiff to take off a compulsory nonsuit entered after the introduction of a portion of plaintiff's testimony at the trial.

The action is based upon policies of insurance issued by defendant companies insuring plaintiff against loss by windstorm, etc. Each of the policies contained a clause to the effect that "this entire policy shall be void. . . if the interest of the insured be other than unconditional...

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