Legal Opinion

Backenstoe v. Kline

Superior Court of Pennsylvania

Decided June 30, 1906No. Appeal, No. 5PublishedCited by 4 opinions

Appeal, No. 5, March T., 1906, by defendant, from judgment of C. P. Union Co., March T., 1903, No. 3, on verdict for plaintiff in case of C. Hershey Backenstoe, Receiver of the Susquehanna Mutual Fire Insurance Company of Harrisburg, v. Reuben Kline. Assumpsit to recover assessments on a policy of mutual fire insurance. Before McClure, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiff.

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Appeal, No. 5, March T., 1906, by defendant, from judgment of C. P. Union Co., March T., 1903, No. 3, on verdict for plaintiff in case of C. Hershey Backenstoe, Receiver of the Susquehanna Mutual Fire Insurance Company of Harrisburg, v. Reuben Kline. Assumpsit to recover assessments on a policy of mutual fire insurance. Before McClure, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $382.85. Defendant appealed.

1Opinion of the Court

Opinion by

Morrison, J.,

The Susquehanna Mutual Fire Insurance Company of Harrisburg, Pa., was chartered April 26, 1873, by a decree of the court of common pleas of Dauphin county, to have and enjoy all the rights, powers and privileges, and be subject to the limitations and restrictions prescribed by the Act of April 2,1856, P. L. 211, with its supplements, the business of said corporation to be conducted on the mutual plan.

On November 13, 1893, the company issued a policy to the defendant, insuring his dwelling house in the sum of $2,000, and by the provisions of the act of 1856, sec. 11, it…

2Cases cited11 opinions

  1. Capital City Mutual Fire Insurance ex rel. Kramer v. BoggsSupreme Court of Pennsylvania · 1895
  2. Stockley v. RiebenackSuperior Court of Pennsylvania · 1899
  3. Schofield v. LeachSuperior Court of Pennsylvania · 1900
  4. Akers v. HiteSupreme Court of Pennsylvania · 1880
  5. Stockley v. SchwerdfegerSuperior Court of Pennsylvania · 1902

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Taggart, Ins. Com. v. GrahamSuperior Court of Pennsylvania · 1932
  2. Smith v. SanftSuperior Court of Pennsylvania · 1962
  3. Commonwealth ex rel. Woodside v. Seaboard Mutual Casualty Co.Pennsylvania Court of Common Pleas · 1953
  4. Commonwealth v. Yellow Cab Co., Pennsylvania Court of Common Pleas, Lehigh County1965

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