Lycoming Fire Insurance v. Storrs
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford county. Two writs of error: Of July Term 1879, No. 116, and July Term 1880, No. 54. Assumpsit upon a policy of fire insurance, by William R. Storrs, assignee for the benefit of creditors of John F. Means, against the Lycoming Fire Insurance Company. The record showed the following facts: The writ issued November 27th 1878, and on December 6th 1878, was returned served on O. D. Bartlett, agent.
Read the full summary
Error to the Court of Common Pleas of Bradford county. Two writs of error: Of July Term 1879, No. 116, and July Term 1880, No. 54. Assumpsit upon a policy of fire insurance, by William R. Storrs, assignee for the benefit of creditors of John F. Means, against the Lycoming Fire Insurance Company. The record showed the following facts: The writ issued November 27th 1878, and on December 6th 1878, was returned served on O. D. Bartlett, agent. A declaration was filed, and on January 6th 1879, judgment was entered for plaintiff for want of an appearance. The court subsequently, on motion of…
1Opinion of the CourtJustice Paxson
The defendant below has taken two writs of error in this case. The first was to the refusal of the court to set aside the service of the writ. The second was to the final judgment. It is plain the first writ was premature: Coleman’s Appeal, 25 P. F. Smith 441. This writ must be quashed. As the same point is raised by the first assignment of error upon the second writ, the defendant will have the full benefit of it for all it is worth.
We need not discuss the question whether the service of the summons upon W. Gr. Tracy, the local agent, bound the company defendant. The latter appeared de bene…
2Cases cited1 opinion
- Evans v. DuncanSupreme Court of Pennsylvania · 1835
3Cited by12 opinions
- McCullough v. Railway Mail Ass'nSupreme Court of Pennsylvania · 1909
- Frank P. Miller Paper Co. v. Keystone Coal & Coke Co.Supreme Court of Pennsylvania · 1922
- Jeannette v. RoehmeSuperior Court of Pennsylvania · 1898
- Geha v. Baltimore L. Ins. Co.Superior Court of Pennsylvania · 1933
- Hughes v. AntillSuperior Court of Pennsylvania · 1903
7 more not listed; retrieve them via the Exa API.