Capital City Mutual Fire Insurance ex rel. Kramer v. Boggs
Supreme Court of Pennsylvania
Appeal, No. 325, Oct. T., 1894, by plaintiff, from order of C. P. Butler Co., Sept. T., 1893, No.'7, making absolute a rule for judgment for want of sufficient affidavit of defense. Rule for judgment for want of sufficient affidavit of defense.
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Appeal, No. 325, Oct. T., 1894, by plaintiff, from order of C. P. Butler Co., Sept. T., 1893, No.'7, making absolute a rule for judgment for want of sufficient affidavit of defense. Rule for judgment for want of sufficient affidavit of defense. Before Greer, P. J. Plaintiff’s statement averred that at a court of common pleas of Dauphin county, Pa., held at Harrisburg on the 17th day of September, A. D. 1892, an order was made by said court authorizing and directing the receiver of the Capital City Mutual Fire Insurance Company, “inter alia,” to levy an assessment upon all obligations and…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The statement does not entitle plaintiff to a judgment, because it fails to show a complete right to recover the sum claimed. It sets out the order of the court of common pleas of Dauphin county, authorizing the receiver to levy an assessment “equal in amount to all other assessments heretofore levied.” This of course means all assessments theretofore legally and properly made. The statement then enumerates three prior assessments, two of them made by the board of directors in accordance with the by-laws, the third by the receiver, and then a fourth by the…
2Cases cited6 opinions
- Howard v. TurnerSupreme Court of Pennsylvania · 1893
- Dettra v. KestnerSupreme Court of Pennsylvania · 1892
- Akers v. HiteSupreme Court of Pennsylvania · 1880
- Sunbury Fire Insurance v. HumbleSupreme Court of Pennsylvania · 1882
- Hoffman v. WhelanSupreme Court of Pennsylvania · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Parry v. First National BankSupreme Court of Pennsylvania · 1921
- Schmitt v. Potter Title & Trust Co.Superior Court of Pennsylvania · 1915
- Stockley v. RiebenackSuperior Court of Pennsylvania · 1899
- Capital City Mutual Fire Ins. v. BoggsSuperior Court of Pennsylvania · 1897
- Schofield v. LeachSuperior Court of Pennsylvania · 1900
13 more not listed; retrieve them via the Exa API.