Hebb v. Kittanning Ins.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE CODRT OP COMMON PLEAS OP ARMSTRONG COUNTY'. No. 177 October Term 1890, Sup. Ct.; court below, No. 144 June Term 1888, C. P. On April 14,1888, Lavina S. Hebb and Thomas P. Hebb brought assumpsit against the Kittanning Insurance Company, upon a policy issued by the defendant, dated June 8,1887, insuring the plaintiffs against damage by fire to the amount of $838.88, as follows: $666 on a frame hotel building at St. George, Tucker county, West…
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APPEAL BY DEPENDANT PROM THE CODRT OP COMMON PLEAS OP ARMSTRONG COUNTY'. No. 177 October Term 1890, Sup. Ct.; court below, No. 144 June Term 1888, C. P. On April 14,1888, Lavina S. Hebb and Thomas P. Hebb brought assumpsit against the Kittanning Insurance Company, upon a policy issued by the defendant, dated June 8,1887, insuring the plaintiffs against damage by fire to the amount of $838.88, as follows: $666 on a frame hotel building at St. George, Tucker county, West Virginia, and $167.33 on furniture, etc., contained in said building. The plaintiffs’ statement of claim recited the contract…
1Opinion of the Court
OPINION,
Mb. Chief Justice Paxson:
The first point suggested by the affidavit of defence, is that, under the declaration accompanied by a copy of the policy of insurance sued upon, an affidavit of defence was not necessary. In Lycoming Ins. Co. v. Dickinson, 4 W. N. 271, this court sustained a judgment for want of an affidavit of defence in a suit brought upon an insurance policy. “ And,” as was said in Byrne v. Hayden, 124 Pa. 170, “the act of 1887, providing for filing of statement of claim, etc., was intended to have a wider scope than the old affidavit of defence law.” We do not regard this…
2Cases cited5 opinions
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Erie City v. ButlerSupreme Court of Pennsylvania · 1888
- Byrne v. HaydenSupreme Court of Pennsylvania · 1889
- New Era Life Ass'n v. MusserSupreme Court of Pennsylvania · 1888
- Norristown Title Co. v. Hancock Ins.Supreme Court of Pennsylvania · 1890
3Cited by15 opinions
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- Morris v. State Mutual Life Assurance Co.Supreme Court of Pennsylvania · 1898
- Frost v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1940
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