Susquehanna Mutual Fire Insurance v. Gackenbach & Seislove
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county; Of July Term 1886, Nos. 182, 183, 184. These were three cases tried together in the court below and argued together in the Supreme Court, brought by The Susquehanna Mutual Fire Insurance Company against Charles W. Gaekenbaeh and George Seislove, partners, doing business as Gaekenbaeh & Seislove, to recover the amount of four assessments levied upon a policy of insurance issued to the defendants by the plaintiff, to pay for…
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Error to the Court of Common Pleas of Lehigh county; Of July Term 1886, Nos. 182, 183, 184. These were three cases tried together in the court below and argued together in the Supreme Court, brought by The Susquehanna Mutual Fire Insurance Company against Charles W. Gaekenbaeh and George Seislove, partners, doing business as Gaekenbaeh & Seislove, to recover the amount of four assessments levied upon a policy of insurance issued to the defendants by the plaintiff, to pay for certain losses sustained by the company during the time the said policies were on file. The defendants, before the…
1Opinion of the CourtJustice Trunkey
When the charter of a mutual insurance company provides, that in an action for the recovery of the assessment, the certificate of the secretary of the company shall be prima facie evidence of the assessment and the amount due, the burden is on the defendant to show that the assessment is invalid for fraud or gross mistake: Buckley v. Ins. Co., 83 Pa., 288; 92 Id., 501.
In absence of such provision in the charter, or in the Statute relating to such companies, the company is bound to prove the facts establishing the claim. The burden was on the plaintiff to show liabilities which made an…
2Cases cited1 opinion
- Rosenberger, Light & Co. v. Washington Mutual Fire InsuranceSupreme Court of Pennsylvania · 1878
3Cited by9 opinions
- Commonwealth Ex Rel. Schnader v. Keystone Indemnity ExchangeSupreme Court of Pennsylvania · 1940
- Capital City Mutual Fire Ins. v. BoggsSuperior Court of Pennsylvania · 1897
- Susquehanna M. F. Ins. v. Leavy, Pennsylvania Court of Common Pleas, Clearfield County1890
- Fidelity Mutual Fire Insurance v. VitaleSuperior Court of Pennsylvania · 1899
- Thropp v. Susq. Mut. F. Ins.Supreme Court of Pennsylvania · 1889
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