Legal Opinion

Keystone Insurance v. Morello

Pennsylvania Court of Common Pleas, Montgomery County

Decided April 6, 1972No. 71-8291Published

1Opinion of the Court

SCIRICA, J.,

— Plaintiff, Keystone Insurance Company, filed a complaint in equity requesting that defendants, John W. Morello and Angeline Morello, his wife, return the sum of $15,000 to it averring that the payment was made by mistake. At the hearing, the court questioned the jurisdiction of equity since this was a claim for money damages. The parties agreed that in the event equity did not have jurisdiction, that the court should hear the matter on the law side as a judge without a jury.

The court is of the opinion that this action properly lies in law. Accordingly, the court will rule on…

2Cases cited13 opinions

  1. Scheel v. German-American InsuranceSupreme Court of Pennsylvania · 1910
  2. Pomerantz v. Mutual Fire InsuranceSupreme Court of Pennsylvania · 1924
  3. Slater v. General Cas. Co. of AmericaSupreme Court of Pennsylvania · 1942
  4. Schock v. Penn Township Mutual Fire InsuranceSuperior Court of Pennsylvania · 1941
  5. Neubert v. Armstrong Water Co.Supreme Court of Pennsylvania · 1905

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