Moore v. Rohrbacker
Superior Court of Pennsylvania
Appeal No. 53, Jan. T., 1906, by plaintiff, from order of C. P. Wayne Co., Dec. T., 1902, No. 7, refusing to take off nonsuit in ease of Elmer W. Moore, Receiver of tbe Iron City Mutual Fire Insurance Company of Pittsburg, v. Lewis Rohrbacker. Assumpsit to recover assessments on a policy of mutual fire insurance. Before Purdy, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal No. 53, Jan. T., 1906, by plaintiff, from order of C. P. Wayne Co., Dec. T., 1902, No. 7, refusing to take off nonsuit in ease of Elmer W. Moore, Receiver of tbe Iron City Mutual Fire Insurance Company of Pittsburg, v. Lewis Rohrbacker. Assumpsit to recover assessments on a policy of mutual fire insurance. Before Purdy, P. J. The facts are stated in the opinion of the Superior Court. Errors assigned were refusal to take off nonsuit, and various rulings on evidence referred to the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Head, J.,
On November 29,1892, the Iron City Mutual Fire Insurance Company of Pittsburg executed and delivered to the appellee a policy of insurance whereby, in consideration óf “ the stipulations herein named and of an acknowledged liability to assessment,” it agreed to indemnify him against loss by fire on property therein described “ to an amount not exceeding fifteen hundred dollars ” from November 29, 1892, to November-29, 1897. By the acceptance of this policy, which he retained until May 16, 1896, the appellee assumed not only the relation of an “insured” towards the company…
2Cases cited5 opinions
- Diehl v. the Adams County Mutual InsuranceSupreme Court of Pennsylvania · 1868
- Way v. HootonSupreme Court of Pennsylvania · 1893
- Mitchell v. Lycoming Mutual InsuranceSupreme Court of Pennsylvania · 1866
- New York Tartar Co. v. FrenchSupreme Court of Pennsylvania · 1898
- Hackney v. Alleghany County Mutual InsuranceSupreme Court of Pennsylvania · 1846
3Cited by2 opinions
- Miller v. DilkesSupreme Court of Pennsylvania · 1915
- Buch & Myers v. Good, Pennsylvania Court of Common Pleas, Lancaster County1934