Hoffman v. Whelan
Supreme Court of Pennsylvania
Appeal, No. 122, Jan. T., 1894, by plaintiff, John W. Hoffman, Receiver of the Harrisburg Mutual Live Stock Ins. Co., from order of C. P. Delaware Co., Sept. T., 1892,- No. 86, discharging rule for judgment for want of sufficient affidavit of defence in favor of defendant, Timothy Whelan. Assumpsit for assessments to pay stock death losses.
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Appeal, No. 122, Jan. T., 1894, by plaintiff, John W. Hoffman, Receiver of the Harrisburg Mutual Live Stock Ins. Co., from order of C. P. Delaware Co., Sept. T., 1892,- No. 86, discharging rule for judgment for want of sufficient affidavit of defence in favor of defendant, Timothy Whelan. Assumpsit for assessments to pay stock death losses. Plaintiff’s statement alleged that the assessments were levied for the purpose of paying losses for the death of particular horses, naming them. The affidavit of defence, as to the majority of the assessments, set out that, “ at the time of the assessments…
1Opinion of the Court
■Pee Curiam,
There was no error in refusing to enter judgment against •the defendant for want of a sufficient affidavit of defence.
In his statement of claim, plaintiff alleges that the assessments, which he seeks to collect, were levied for the purpose ■of paying the death losses of certain specified horses. In substance, the affidavit of defence denies the existence of any such indebtedness, and avers that at the time said assessments were made there was no such indebtedness by the company, nor is there now, and that the very claims for which said assessments were made have been paid.…
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