Lukens v. Oliver H. Bair Co.

Opinion bx

Cunningham, J.,

This appeal is by the plaintiff from an order of the court below discharging her rule for judgment for want of a sufficient affidavit of defense; the pleadings consist of her statement of claim and the defendant’s original and supplemental affidavits of defense. The material facts pleaded by each party are either expressly admitted, or not specifically denied, by the other. Defendant, incorporated under the laws of this state “for the purpose of engaging in the undertaking business,” has no power under its charter to enter into contracts of insurance, nor has it…