Fidelity Mutual Fire Insurance v. Vitale
Superior Court of Pennsylvania
Appeal, No. 174, Oct. T., 1898, by-defendant, from judgment of C. P. No. 8, Phila. Co., June T., 1898, No. 278, for want of a sufficient affidavit of defense. Opinion by Smith, J. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc.
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Appeal, No. 174, Oct. T., 1898, by-defendant, from judgment of C. P. No. 8, Phila. Co., June T., 1898, No. 278, for want of a sufficient affidavit of defense. Opinion by Smith, J. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc. It appears from the record that the action was assumpsit to recover assessments levied upon two policies of fire insurance expiring respectively February 15,1897, and February 15,1898, Tbe assessment in each case was for the maximum amount allowed by the by-laws of the company, to wit: three times the amount of annual premium…
1Opinion of the Court
Opinion by
Smith, J.,
This case is not affected by the Act of May 1, 1876, P. L. 53 : Insurance Co. v. Groff, 154 Pa. 200; Insurance Co. v. Gackenbach, 115 Pa. 492. By section 56 of that act a certificate of the assessment is made prima facie evidence thereof; but it loses all probative force on the filing of the prescribed affidavit of defense. This provision relates to the evidence and not to the pleading. It is enough for the declaration to state a cause of action; it need not contain matters of evidence that may become necessary on trial should the affidavit be filed. Here the declaration…
2Cases cited4 opinions
- Dettra v. KestnerSupreme Court of Pennsylvania · 1892
- Susquehanna Mutual Fire Insurance v. Gackenbach & SeisloveSupreme Court of Pennsylvania · 1887
- Sterling v. Mercantile Mutual Insurance Co. of PhiladelphiaSupreme Court of Pennsylvania · 1858
- People's Mut. F. Ins. v. GroffSupreme Court of Pennsylvania · 1893
3Cited by6 opinions
- Taggart, Ins. Com. v. GrahamSuperior Court of Pennsylvania · 1932
- Donaldson v. FortnaSuperior Court of Pennsylvania · 1921
- Sparks v. Flaccus Glass Co.Superior Court of Pennsylvania · 1901
- Schofield v. HayesSuperior Court of Pennsylvania · 1901
- Tanner v. O. M. Weber Co.Superior Court of Pennsylvania · 1915
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