Commonwealth Mutual Fire Insurance ex rel. Stevens v. Sharpless
Superior Court of Pennsylvania
Appeal, No. 49, Oct. T., 1899, by plaintiff, from order of C. P. No. 4, Phila. Co., Dec. T., 1898, No. 68, refusing- judgment for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc. It appears from the record that this action was assumpsit to recover #170.75, being the amount of judgment and decree entered against defendants in the supreme judicial court of the commonwealth of Massachusetts.
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Appeal, No. 49, Oct. T., 1899, by plaintiff, from order of C. P. No. 4, Phila. Co., Dec. T., 1898, No. 68, refusing- judgment for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc. It appears from the record that this action was assumpsit to recover #170.75, being the amount of judgment and decree entered against defendants in the supreme judicial court of the commonwealth of Massachusetts. It further appears that the judgment was rendered against defendants by virtue of the statutes of the state of…
1Opinion of the Court
Opinion by
William W. Pouter, J.,
This Court held in Ins. Co. v. Storage Co., 6 Pa. Superior Ct. 288, a policy of fire insurance issued and delivered in Massachusetts upon property in Pennsylvania, to be a Massachusetts contract, governed by the laws of that state and free from taint of illegality, by reason of the existence of the penal and prohibitory legislation of Pennsylvania. We based our conclusion in part upon the case of Allgeyer v. Louisiana, 165 U. S. 578, and in part upon Commonwealth v. Biddle, 139 Pa. 605. In the case of Swing v. Munson, 191 Pa. 582 (decided since Ins. Co. v.…
2Cases cited4 opinions
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
- Swing v. MunsonSupreme Court of Pennsylvania · 1899
- Commonwealth v. BiddleSupreme Court of Pennsylvania · 1891
- Western Massachusetts Mutual Fire Insurance v. Girard Point Storage Co.Superior Court of Pennsylvania · 1898
3Cited by5 opinions
- Pavilion Co. v. HamiltonSuperior Court of Pennsylvania · 1900
- American Universal Ins. Co. v. SterlingCourt of Appeals for the Third Circuit · 1953
- Employers Mutual Insurance v. PakradooniSuperior Court of Pennsylvania · 1924
- American Universal Ins. v. SterlingDistrict Court, M.D. Pennsylvania · 1952
- Building, Loan & Savings Ass'n v. BerlinSuperior Court of Pennsylvania · 1900