Simpson v. Kerkeslager
Superior Court of Pennsylvania
Appeal, No. 140, Oct. T. 1909, by defendant, from order of C. P. No. 3, Phila. Co., Sept. T., 1908, No. 2,445, making absolute rule for judgment for want of a sufficient affidavit of defense in case of B. Mitchell Simpson et al., trading as William A. Simpson & Son, v. Milton W. Kerkeslager. Assumpsit against a receiver in bankruptcy to hold him personally liable for premiums paid for insurance of real estate.
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Appeal, No. 140, Oct. T. 1909, by defendant, from order of C. P. No. 3, Phila. Co., Sept. T., 1908, No. 2,445, making absolute rule for judgment for want of a sufficient affidavit of defense in case of B. Mitchell Simpson et al., trading as William A. Simpson & Son, v. Milton W. Kerkeslager. Assumpsit against a receiver in bankruptcy to hold him personally liable for premiums paid for insurance of real estate. Before Ferguson, J. The affidavit of defense averred that on October 20, 1907, he was appointed receiver of the bankrupt firm of Isaac Wilde and George Daymon, trading as Robert Wilde’s…
1Opinion of the Court
Opinion by
Beaver, J.,
Assuming as facts the allegations of the defendant’s affidavit of defense, the referee in bankruptcy directed the defendant, the receiver and trustee of the bankrupt estate of Isaac Wilde and George Daymon, copartners, trading as Robert Wilde’s Son, to secure fire insurance upon certain real estate described in the schedule of the bankrupt estate, and' that,.in pursuance of said direction, the defendant, as receiver of the said bankrupt estate, ordered and requested the plaintiffs to place fire insurance upon the building and the machinery contained therein, situate on…
2Cases cited6 opinions
- Baltzen v. . NicolayNew York Court of Appeals · 1873
- Kroeger v. PitcairnSupreme Court of Pennsylvania · 1882
- Wolff v. WilsonSuperior Court of Pennsylvania · 1905
- Hopkins v. EverlySupreme Court of Pennsylvania · 1892
- Layng v. StewartSupreme Court of Pennsylvania · 1841
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