International Savings & Trust Co. v. Stenger
Superior Court of Pennsylvania
Appeal, No. 129, April T., 1906, by plaintiff, from order of C. P. Cambria Co., March T., 1906, No. 400, discharging rule judgment for want of a sufficient affidavit of defense in case of International Savings & Trust Company, Receiver of the Duquesne Mutual Casualty & In- demnity Co., v. John Stenger. Assumpsit to recover assessments. Before O’Connor, P. J. The opinion of the Superior Court states the case. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Henderson, J.,
Several matters of defense are set forth in the affidavit of defense which will be considered in the order in which they are there presented:
1. The averment that the policy was issued without authority of law is general in its terms and insufficient from any point of view. Whether it is an allegation of fact or a conclusion of law is not apparent, but as no facts are stated from which the truth of the averment can be determined it lacks the elements requisite to constitute a good statement of defense : Superior National Bank v. Stadelman, 153 Pa. 634.
2. It is…
2Cases cited8 opinions
- Cochran v. ArnoldSupreme Court of Pennsylvania · 1868
- Superior National Bank v. StadelmanSupreme Court of Pennsylvania · 1893
- Stockley v. HartleySuperior Court of Pennsylvania · 1900
- Stockley v. SchwerdfegerSuperior Court of Pennsylvania · 1902
- Susquehanna M. F. Ins. v. Leavy, Pennsylvania Court of Common Pleas, Clearfield County1890
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3Cited by4 opinions
- Swartz v. Historical Publishing Co.Superior Court of Pennsylvania · 1913
- International Savings & Trust Co. v. TillotsonSupreme Court of Pennsylvania · 1907
- Order of Unity v. McCannSuperior Court of Pennsylvania · 1914
- Vulcanite Paving Co. v. Chester Traction Co.Superior Court of Pennsylvania · 1913