Legal Opinion

Susq. M. Fire Ins. v. Stauffer

Supreme Court of Pennsylvania

Decided April 15, 1889No. 119PublishedCited by 4 opinions

ERROR, TO THE COURT OE COMMON PLEAS OE NORTHAMPTON COUNTY. No. 119 July Term 1888, Sup. Ct.; court below, No. 49 October Term 1885, C. P. On September 15, 1885, a transcript for an appeal by the defendant from a judgment before a justice of the peace in favor of tlie Susquehanna Mutual Fire Insurance Company against Aaron Stauffer, was filed in the Court of Common Pleas. The action was debt, by the insurance company, to recover an assessment upon a premium note.

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ERROR, TO THE COURT OE COMMON PLEAS OE NORTHAMPTON COUNTY. No. 119 July Term 1888, Sup. Ct.; court below, No. 49 October Term 1885, C. P. On September 15, 1885, a transcript for an appeal by the defendant from a judgment before a justice of the peace in favor of tlie Susquehanna Mutual Fire Insurance Company against Aaron Stauffer, was filed in the Court of Common Pleas. The action was debt, by the insurance company, to recover an assessment upon a premium note. On November 24, 1882, the plaintiff company issued a policy to the defendant, to continue for five years, and the defendant gave to…

1Opinion of the Court

Opinion,

Mr. Justice Mitchell :

The only point of contention in this case is the validity of the assessment made by the plaintiff in error, and that depends on the true construction of the by-law of the company, subject *423to which the policy was issued, and defendant’s premium note given.

The by-law reads as follows : “ Sec. 27. If at any time hereafter, an assessment shall be made, the amount to be levied on premium notes, or policies of insurance, shall be rated according to the following classification, to wit:

“ First. All members whose policies are in force at the time the assessment may be…

2Cases cited1 opinion

  1. Susquehanna Mutual Fire Insurance v. Gackenbach & SeisloveSupreme Court of Pennsylvania · 1887

3Cited by4 opinions

  1. Capital City Mutual Fire Insurance ex rel. Kramer v. BoggsSupreme Court of Pennsylvania · 1895
  2. Susquehanna Mutual Fire Ins. v. OberholtzerSupreme Court of Pennsylvania · 1895
  3. Susquehanna M. F. Ins. v. Leavy, Pennsylvania Court of Common Pleas, Clearfield County1890
  4. Knouse v. Mutual Fire InsuranceSuperior Court of Pennsylvania · 1922

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