De La Cuesta v. Insurance Co. of N. A.
Pennsylvania Court of Common Pleas, Philadelphia County
No. 175 July Term 1888, Nos. 77,109,110, 111, 112 January Term 1889, Sup. Court. DE LA CUESTA Y. INSURANCE CO. On June 22, 1885, Leandro De la Cuesta brought assumpsit in the Court of Common Pleas No. 1 against the President and Directors of the Insurance Company of North America, to recover back the sum of $7,000, paid by the plaintiff to the defendant company under protest. Issue.
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No. 175 July Term 1888, Nos. 77,109,110, 111, 112 January Term 1889, Sup. Court. DE LA CUESTA Y. INSURANCE CO. On June 22, 1885, Leandro De la Cuesta brought assumpsit in the Court of Common Pleas No. 1 against the President and Directors of the Insurance Company of North America, to recover back the sum of $7,000, paid by the plaintiff to the defendant company under protest. Issue. At the trial on April 80, 1888, the plaintiff made an offer embracing his whole case, and proposing to prove, in substance, the following facts: The defendant company was incorporated by the act of April 14, 1794,…
1Opinion of the Court
DE LA CUESTA V. INSURANCE CO.
Opinion,
Mr. Chiee Justice Paxson :
I do not understand that there is any dispute as to what took place at the office of the defendant company on January 28, 1881, when the plaintiff called there to pay the subscription to the new stock. The following account of what then occurred is taken from the plaintiff’s offer of proof:
*76“ That Mr. De la Cuesta,- January 28, 1881, went with Mr. Keefe to the clerk’s desk in the office of the company, and the clerk refused to take Mr. De la Cuesta’s subscription without the bonus, when he took the pen and commenced to write, ‘…
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