Moore v. Everitt
Superior Court of Pennsylvania
Appeal, No. 61, Jan. T., 1902, by plaintiff, from judgment of C. P. Monroe Co., Feb. T., 1900, No. 15, on verdict for defendant, in case of Elmer W. Moore, Receiver of the Iron Mutual Fire Insurance Company, v. Joseph E. Everitt. Assumpsit to recover assessments on a policy of a mutual fire insurance company.
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Appeal, No. 61, Jan. T., 1902, by plaintiff, from judgment of C. P. Monroe Co., Feb. T., 1900, No. 15, on verdict for defendant, in case of Elmer W. Moore, Receiver of the Iron Mutual Fire Insurance Company, v. Joseph E. Everitt. Assumpsit to recover assessments on a policy of a mutual fire insurance company. Before Craig, P. J. • At the trial, plaintiff proposed to show by a witness on the stand that on page seven of the book of original assessments of the Iron City Mutual Fire Insurance Company, of Pittsburg, Pa., is contained the following entry, in the handwriting of the witness on the…
1Opinion of the Court
Opinion by
William W. Porter, J.,
This is an action by a receiver of an insolvent Mutual Fire . Insurance Company to recover an assessment directed to be levied by the court of common pleas of Dauphin county. At the foundation of the action lies the plaintiff’s obligation to prove that the defendant was the holder of a policy in the company, liable for the assessment. The court below directed a verdict for the defendant, on the ground that the plaintiff had failed to fulfil this obligation. If the rulings excluding evidence were correct, no error was committed in directing a verdict. The…
2Cited by1 opinion
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