Muhlenberg v. Mutual Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 34, Jan. T., 1905, by defendant, from order of C. P. Berks Co., April, T., 1903, No., 85, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Henry A. Muhlenberg and Kate S. Muhlenberg v. The Mutual Fire Insurance Company of Sinking Spi'ings, Bei'ks County. Assumpsit on a policy of fire insurance. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 34, Jan. T., 1905, by defendant, from order of C. P. Berks Co., April, T., 1903, No., 85, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Henry A. Muhlenberg and Kate S. Muhlenberg v. The Mutual Fire Insurance Company of Sinking Spi'ings, Bei'ks County. Assumpsit on a policy of fire insurance. Rule for judgment for want of a sufficient affidavit of defense. The affidavit of defense was in effect that the plaintiff prior to the fire had neglected to pay an assessment legally made. The only authority for making the assessment and declaring…
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
The opinion of the learned president of the court below amply vindicates his conclusions on both questions raised by this appeal. In speaking of the act of 1881, he correctly says: “ The intention of the law is to have attached to the policy copies of such papers, writings and instruments as will correctly enable the policy holder to understand the entire contract with its rights, duties and obligations.” This is in accord with the views of this court on the purpose of the statute as expressed by the present chief justice in the opinion in Lenox v. Insurance…
2Cases cited1 opinion
- Lenox v. Greenwich InsuranceSupreme Court of Pennsylvania · 1895
3Cited by6 opinions
- Ross v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1961
- Syme v. Bankers National Life InsuranceSupreme Court of Pennsylvania · 1958
- Hews v. Equitable Life Assur. SocietyCourt of Appeals for the Third Circuit · 1906
- Sylvia Ostrov v. Metropolitan Life Insurance CompanyCourt of Appeals for the Third Circuit · 1967
- De Roy v. New York Life Ins.District Court, W.D. Pennsylvania · 1931
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