Matten v. Lichtenwalner
Superior Court of Pennsylvania
Appeal, No. 41, Oct. T., 1897, by plaintiff, from .judgment of C. P. Lehigh Co., April T., 1889, No. 77, on verdict for defendant. Assumpsit. Before Albright, P. J. It appears from the record that this was an action to recover the amount due on an assessment directed by the court of common pleas of Schuylkill county, the affairs of the North Schuylkill Mutual Fire Insurance Company of Pennsylvania having gone into the hands of a receiver.
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Appeal, No. 41, Oct. T., 1897, by plaintiff, from .judgment of C. P. Lehigh Co., April T., 1889, No. 77, on verdict for defendant. Assumpsit. Before Albright, P. J. It appears from the record that this was an action to recover the amount due on an assessment directed by the court of common pleas of Schuylkill county, the affairs of the North Schuylkill Mutual Fire Insurance Company of Pennsylvania having gone into the hands of a receiver. The defense was, that the defendant, a policy holder, having paid all assessments due up to the time, surrendered a policy, which surrender was accepted by…
1Opinion of the Court
Opinion by
Beaver, J.,
“ A policy of insurance and the premium note given therefor constitute a contract between the company and the insured and the parties usually have the same power to rescind it by mutual agreement as they had to make it.” “ A good faith agreement between the parties in a contract of insurance to annul it is valid.” “ The parties are as much bound by sueh an agreement as if the policies had been marked canceled and the premium note given up.” “ From thence the defendant had no’ insurance, she was not a member, nor was she liable on the notes.” “ The plaintiff has no more…
2Cases cited2 opinions
- Akers v. HiteSupreme Court of Pennsylvania · 1880
- Columbia Insurance v. MasonheimerSupreme Court of Pennsylvania · 1874
3Cited by6 opinions
- Schofield v. LeachSuperior Court of Pennsylvania · 1900
- Stockley v. HartleySuperior Court of Pennsylvania · 1900
- Stockley v. SchwerdfegerSuperior Court of Pennsylvania · 1902
- Backenstoe v. KlineSuperior Court of Pennsylvania · 1906
- Moore v. ReifsnyderSuperior Court of Pennsylvania · 1903
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