Shank v. Gerrard Wire Tying Machines Co.

Plaintiff, by an action in assumpsit, sought to recover the amount of certain fire insurance premiums paid by him and which he claims defendant agreed to repay under the provisions of a certain lease wherein plaintiff is landlord and defendant is tenant. Defendant filed amended and supplemental affidavits of merits which were stricken by the trial court and judgment was entered against it for $6,362.97, from which it appeals.

Only one question is involved, namely, When was defendant to pay plaintiff these insurance premiums 1 Plaintiff’s declaration alleged the lease between the parties for a…