People's Fire Insurance v. Hartshorne & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, of Lycoming county: Of May Term 1879, No. 127. In the court below, The Peoples’ Fire Insurance Company of Pennsylvania, had filed a lien in the nature of a judgment against F. M. Hartshorne & Co., on a premium-note given in consideration of a policy of insurance. This judgment was opened and an issue directed, to try how much was due thereon from the defendants to the plaintiff. The defendants pleaded “ nil debet.”
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Error to the Court of Common Pleas, of Lycoming county: Of May Term 1879, No. 127. In the court below, The Peoples’ Fire Insurance Company of Pennsylvania, had filed a lien in the nature of a judgment against F. M. Hartshorne & Co., on a premium-note given in consideration of a policy of insurance. This judgment was opened and an issue directed, to try how much was due thereon from the defendants to the plaintiff. The defendants pleaded “ nil debet.” The plaintiff is a mutual insurance company, incorporated by Act of Assembly, March 9th 1843, and by a decree of the Court of Common Pleas of…
1Opinion of the CourtJustice Sterreti
The judgment entered by the plaintiff pursuant to the provisions of its charter was opened and the defendants let into a defence. The question for the jury was how much, if anything, was due by the defendants to the company. It was substantially upon this issue the case was tried and submitted to the jury.
When the defendants became members of the company they submitted themselves to the action of the directors, as their representatives, and were bound by all the assessments made by the board, unless they could show that they were illegally made, that there was either fraud or gross mistake.…
2Cited by6 opinions
- Moore v. LichtenbergerSuperior Court of Pennsylvania · 1904
- Knouse v. Mutual Fire InsuranceSuperior Court of Pennsylvania · 1922
- Schock v. Penn Township Mutual Fire InsuranceSuperior Court of Pennsylvania · 1941
- Brown v. SpackmanSuperior Court of Pennsylvania · 1905
- Moore v. BestlineSuperior Court of Pennsylvania · 1903
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