Schofield v. Lafferty
Superior Court of Pennsylvania
Appeal, No. 148, Oct. T., 1900, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1900, No. 950, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of Charles S. Schofield, Receiver of the iEtna Mutual Live Stock Insurance Company, v. Charles H. Lafferty. Assumpsit to recover an assessment levied by a receiver of a mutual insurance company.
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Appeal, No. 148, Oct. T., 1900, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1900, No. 950, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of Charles S. Schofield, Receiver of the iEtna Mutual Live Stock Insurance Company, v. Charles H. Lafferty. Assumpsit to recover an assessment levied by a receiver of a mutual insurance company. The affidavit of defense averred that the assessments were illegal, and also averred that the defendant had suffered loss by the killing of one mule of the value of $112.50, which sum he claimed to set…
1Opinion of the Court
Opinion by William W. Pouter, J.,
The appellant claims that the judgment should be reversed because of the insufficiency of the statement of claim. This court held in Stockley v. McClurg, 14 Pa. Superior Ct.629, that the plaintiff’s statement in a suit by a receiver for an assessment made pursuant to the decree of the court appointing the receiver, should include a full copy of the record of the proceedings leading up to the order for the assessment. The plaintiff’s statement in this case does not include such a copy of the record. But in the case cited, the objection was directly made in the…
2Cases cited5 opinions
- Eichman v. HerskerSupreme Court of Pennsylvania · 1895
- Capital City Mutual Fire Ins. v. BoggsSuperior Court of Pennsylvania · 1897
- Citizens & Miners Savings Bank & Trust Co. v. GillespieSupreme Court of Pennsylvania · 1887
- Stockley v. HartleySuperior Court of Pennsylvania · 1900
- Epler v. FunkSupreme Court of Pennsylvania · 1848
3Cited by5 opinions
- Taggart, Ins. Com. v. GrahamSuperior Court of Pennsylvania · 1932
- Backenstoe v. KlineSuperior Court of Pennsylvania · 1906
- Wike v. WoolvertonSuperior Court of Pennsylvania · 1904
- Car v. ElsbreeSuperior Court of Pennsylvania · 1902
- Donaldson v. FortnaSuperior Court of Pennsylvania · 1921