Mower v. Reverting Fund Assurance Ass'n
Superior Court of Pennsylvania
Appeal, No. 86, Nov. T., 1895, fr.om judgment of C. P. No. 1, Phila. Co., Sept. T., 1895, No. 126, for want of sufficient affidavit of defense. Assumpsit to recover on a policy of insurance the pro rata share in a reverting fund which had matured.
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Appeal, No. 86, Nov. T., 1895, fr.om judgment of C. P. No. 1, Phila. Co., Sept. T., 1895, No. 126, for want of sufficient affidavit of defense. Assumpsit to recover on a policy of insurance the pro rata share in a reverting fund which had matured. Judgment entered for want of a sufficient affidavit of defense for $71.81. From the statement and affidavit the following facts appear: On August 26,1890, The Reverting Fund Assurance Association issued a policy of assurance for $1,000 upon the life of John F. Mower, payable in case of his death to Katie E. Mower. This policy likewise entitled the…
1Opinion of the Court
Opinion by
Wickham, J.,
Two defenses were presented by the defendant’s affidavit. The first was, that the defendant had held the joint bond of John F. Mower and Catharine E., his wife, for $1,200, on which judgment had been entered before this suit was brought, and that the right existed to set off this judgment against the plaintiff’s claim.
As the proposed set-off does not fall within any recognized exception to the well known general rule, that a joint debt cannot be set off against one of a separate nature, it was properly disallowed by the court below: 8 Bacon’s Abr. (Am. ed. 1845, notes by…
2Cases cited1 opinion
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
3Cited by4 opinions
- National Memorial Services, Inc. v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1946
- Ford v. Grand United Order of Odd Fellows of TexasCourt of Appeals of Texas · 1932
- Progressive Life Insurance v. BohannonCourt of Appeals of Georgia · 1946
- Trexler v. Trexler, Pennsylvania Court of Common Pleas, Lehigh County1930