Farmers & Breeders Mutual Reserve Fund Live Stock Insurance v. Elliott
Superior Court of Pennsylvania
Appeal, No. 60, Oct. T., 1917, by defendant, from order of O. P. Chester Co., Aug. T., 1916, No. 87, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Farmers & Breeders Mutual Reserve Fund Live Stock Ins. Co. of the United States v. Harry V. Elliott. Assumpsit on a policy of live stock insurance. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 60, Oct. T., 1917, by defendant, from order of O. P. Chester Co., Aug. T., 1916, No. 87, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Farmers & Breeders Mutual Reserve Fund Live Stock Ins. Co. of the United States v. Harry V. Elliott. Assumpsit on a policy of live stock insurance. Rule for judgment for want of a sufficient affidavit of defense. The material averments of the statement of claim and affidavit of defense are set forth in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want…
1Opinion of the Court
Opinion by
Kephart, J.,
The questions presented by this appeal have been considered in two recent opinions by this court. This action is brought to recover premiums due on policies of live stock insurance. The court- below deemed the affidavit of defense insufficient and entered a summary judg*511meat against the defendant, from which this appeal is taken.
The policies, issued on the 10th of August, 1912, insured a number of horses for five years; the premiums accruing thereon were payable quarterly. The first premium continued the insurance until November 30th, and under paragraph two of the…
2Cases cited5 opinions
- Columbia Insurance v. BuckleySupreme Court of Pennsylvania · 1877
- Hummel & Co.'s AppealSupreme Court of Pennsylvania · 1875
- Susquehanna M. F. Ins. v. Leavy, Pennsylvania Court of Common Pleas, Clearfield County1890
- Farmers' & Breeders' Mutual Reserve Fund Live Stock Ins. v. BeckSuperior Court of Pennsylvania · 1917
- Farmers & Breeders Mutual Reserve Fund Live Stock Ins. v. MillerSuperior Court of Pennsylvania · 1916