Shamokin Manufacturing Co. v. Ohio German Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 22, Oct. T., 1908, by defendant, from order of C. P. Northumberland Co., Dec. T., 1907, No. 69, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Shamokin Manufacturing Company v. The Ohio German Fire Insurance Company of Toledo, Ohio. Assumpsit on a policy of fire insurance. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 22, Oct. T., 1908, by defendant, from order of C. P. Northumberland Co., Dec. T., 1907, No. 69, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Shamokin Manufacturing Company v. The Ohio German Fire Insurance Company of Toledo, Ohio. Assumpsit on a policy of fire insurance. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Head, J.,
This being an action on a policy of fire insurance, the learned court below, on the plaintiff’s motion, made absolute a rule for judgment for want of a sufficient affidavit of defense. In such case, of course, we must accept as established not only every fact properly averred in the affidavit, but also every inference favorable to the defendant which may fairly and justly be drawn from facts so pleaded. The statement of claim avers that the plaintiff was the owner of a certain building situate in the borough of Shamokin, Pa. That on April 3,1906, the defendant company,…
2Cases cited4 opinions
- Everhart v. SearleSupreme Court of Pennsylvania · 1872
- Greenwood Ice & Coal Co. v. Georgia Home InsuranceMississippi Supreme Court · 1894
- Glens Falls Insurance v. HopkinsAppellate Court of Illinois · 1885
- Fulton v. WaltersSuperior Court of Pennsylvania · 1905
3Cited by1 opinion
- Schaeffer v. JonesSupreme Court of Pennsylvania · 1928