Tanner v. O. M. Weber Co.
Superior Court of Pennsylvania
Appeal, No. 100, Oct. T., 1914, by defendant, from order of C. P. No. 5, Phila. Co., Dec. T., 1913, No. 492, making absolute a rule for judgment for portion of claim as to which the affidavit of defense is insufficient in case of James A. Tanner, Receiver of the Liberty Mutual Fire Insurance Company of Philadelphia, v. O. M. Weber Company, Inc. Assumpsit to recover assessments levied by a mutual insurance company.
Read the full summary
Appeal, No. 100, Oct. T., 1914, by defendant, from order of C. P. No. 5, Phila. Co., Dec. T., 1913, No. 492, making absolute a rule for judgment for portion of claim as to which the affidavit of defense is insufficient in case of James A. Tanner, Receiver of the Liberty Mutual Fire Insurance Company of Philadelphia, v. O. M. Weber Company, Inc. Assumpsit to recover assessments levied by a mutual insurance company. Rule for judgment for want of a sufficient affidavit of defense. Rule for judgment for that portion of claim as to which the affidavit of defense is insufficient. The facts are…
1Opinion of the Court
Opinion by
Trexler, J.,
This was an action of assumpsit to recover assessments levied by a mutual insurance company, of which the plaintiff was receiver, from the defendant as holder of certain policies issued by said company. The court entered judgment for a portion of the claim as to which the affidavit was insufficient.
The plaintiff’s statement shows a good cause of action in the plaintiff based upon a valid assessment, properly levied, for a proper amount, upon the account of debts and expenses, which the appellant as a member of the company was properly chargeable under the bylaws and…
2Cases cited11 opinions
- Dettra v. KestnerSupreme Court of Pennsylvania · 1892
- Kaufman & Co. v. Cooper Iron Mining Co.Supreme Court of Pennsylvania · 1884
- Susquehanna Mutual Fire Ins. v. OberholtzerSupreme Court of Pennsylvania · 1895
- Capital City Mutual Fire Ins. v. BoggsSuperior Court of Pennsylvania · 1897
- Schofield v. LeachSuperior Court of Pennsylvania · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Taggart, Ins. Com. v. GrahamSuperior Court of Pennsylvania · 1932
- Donaldson v. FortnaSuperior Court of Pennsylvania · 1921
- Taggart Ins. Com. v. AllevaSuperior Court of Pennsylvania · 1932