Farmers & Breeders Mutual Reserve Fund Live Stock Insurance v. Derr
Superior Court of Pennsylvania
Appeal, No. 254, Oct. T., 1914, by defendant, from order of C. P. No. 1, Phila. Co., March T., 1914, No. 4,128, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Farmers and Breeders Mutual Reserve Fund Live Stock Insurance Company of the United States v. Derr. Assumpsit to recover a premium upon an insurance policy. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case.
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Appeal, No. 254, Oct. T., 1914, by defendant, from order of C. P. No. 1, Phila. Co., March T., 1914, No. 4,128, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Farmers and Breeders Mutual Reserve Fund Live Stock Insurance Company of the United States v. Derr. Assumpsit to recover a premium upon an insurance policy. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. Error assigned was the order making' absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Trexler, J.,
This suit was brought for the recovery of premiums due on a policy of insurance covering defendant’s horses. The court entered judgment for want of a sufficient affidavit of defense.
The Act of March 31, 1911, P. L. 39, provides that no insurance company or agent shall give any rebate of premiums payable on the policy. We find from the affidavit of defense that the agent of the company solicited the defendant to insure his horses, and that the “defendant refused to make such contract of insurance but stated that he would take the insurance if the plaintiff would waive the…
2Cases cited2 opinions
- Reed v. Philadelphia Life InsuranceSuperior Court of Pennsylvania · 1912
- Mechling v. Philadelphia Life InsuranceSuperior Court of Pennsylvania · 1913
3Cited by3 opinions
- Farmers & Breeders Mutual Reserve Fund Live Stock Ins. v. CurranSuperior Court of Pennsylvania · 1916
- Ætna Life Ins. v. ClarkSuperior Court of Pennsylvania · 1916
- American Casualty Co. v. Keator, Pennsylvania Court of Common Pleas, Montgomery County1935