Yeier v. Hanover Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 49, March T., 1916, by plaintiff, from order of C. P. Lackawanna Co., Jan. T., 1916, No. 664, discharging rule for judgment for want of a sufficient affidavit of defense in case of Joseph P. Yeier v. Hanover Fire Ins. Co. of the City of New York. Assumpsit on a policy of fire insurance. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 49, March T., 1916, by plaintiff, from order of C. P. Lackawanna Co., Jan. T., 1916, No. 664, discharging rule for judgment for want of a sufficient affidavit of defense in case of Joseph P. Yeier v. Hanover Fire Ins. Co. of the City of New York. Assumpsit on a policy of fire insurance. Rule for judgment for want of a sufficient affidavit of defense. The affidavit of defense was as follows: E. A. Innes being duly sworn according to law deposes and says: That be is the adjuster and authorized representative or agent of the defendant above named for the purpose of making affidavit…
1Opinion of the Court
Opinion by
Henderson, J.,
The court discharged the rule for judgment for want of a sufficient affidavit of defense and from that judgment this, appeal was taken. The defendant is a fire insurance corporation. The action is based on a loss as set forth in the statement of claim. The affidavit of defense was made by E. A. Innes who states “that he is adjuster and authorized representative or agent of the defendant above named for the purpose of making affidavit of defense to said action.” He does not state that he is an officer of the corporation nor why the affidavit' is not made by an officer.…
2Cases cited5 opinions
- Wakely v. Sun Insurance Office of LondonSupreme Court of Pennsylvania · 1914
- Safety Banking & Trust Co. v. ConwellSuperior Court of Pennsylvania · 1905
- Baum v. Union Surety & Guaranty Co.Superior Court of Pennsylvania · 1901
- Bushong v. EdwardsSuperior Court of Pennsylvania · 1913
- Phillips v. AllenSuperior Court of Pennsylvania · 1907
3Cited by3 opinions
- Mintz v. Tri-County Natural Gas Co.Supreme Court of Pennsylvania · 1918
- Yeier v. Camden Fire InsuranceSuperior Court of Pennsylvania · 1917
- Galashevsky v. Camden Fire InsuranceSuperior Court of Pennsylvania · 1916