Summary

Pennsylvanit Lumbermen's Mutual Fire Insurance Company v…

After that, the loss is payable to the owner by the company within sixty days. As the policy insures against loss, it of course contemplates that such loss may occur; and it also contemplates that the company shall send to the place where the loss occurred, that is, to New York, its agent, for the purpose stated. When, under the terms of the contract, the company sends its agent into the state where the property was insured, and where the loss occurred, for the purpose of adjustment, it would seem plain that it was then doing the business contemplated by its contract, within the state.
Source: Wikisource

Pennsylvanit Lumbermen's Mutual Fire Insurance Company v…

Rep. 168, Andrews, J., in delivering the opinion of the court, said: 'In general, a debtor who is indebted on a money obligation is bound, if no place of payment is specified in the contract, to seek the creditor, and make payment to him personally. But this rule is subject to the exception that if the creditor is out of the state when payment is to be made, the debtor is not obliged to follow him, but readiness to pay within the state in that case will be as effectual as actual payment to save a forfeiture.
Source: Wikisource

Pennsylvanit Lumbermen's Mutual Fire Insurance Company v…

Although the contract may have been a Pennsylvania contract, yet it does not follow that all its provisions were to be carried out in that state. The policy of insurance was, as we have said, upon real estate within the state of New York, and upon machinery contained in the buildings insured. After the defendant and the owner had either agreed upon the amount of loss, or the same had been estimated and determined upon by the appraisers, as provided for in the policy, the defendant, by the terms of that instrument, promised to pay to the owner the amount thus arrived at, within sixty days.
Source: Wikisource

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