Western Massachusetts Mutual Fire Insurance v. Girard Point Storage Co.
Superior Court of Pennsylvania
Appeal, No. 79, Oct. T., 1897, by plaintiff, from order of C. P. No. 1, Phila. Co., Mar. T., 1896, No. 189, refusing judgment for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense in an action of assumpsit upon two policies of insurance to recover assessments levied upon the insured for losses and expenses incurred by the company during the life of the policies.
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Appeal, No. 79, Oct. T., 1897, by plaintiff, from order of C. P. No. 1, Phila. Co., Mar. T., 1896, No. 189, refusing judgment for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense in an action of assumpsit upon two policies of insurance to recover assessments levied upon the insured for losses and expenses incurred by the company during the life of the policies. Before Bbitler, J. The facts sufficiently appear in the opinion of the court. The court below discharged the rule for judgment. Plaintiff appealed. Error assigned was…
1Opinion of the Court
Opinion by
Porter, J.,
This is an appeal from the court below, discharging the rule for judgment for want of a sufficient affidavit of defense.
The plaintiff is a corporation organized under the laws of the state of Massachusetts. The defendant is a Pennsylvania cor poration, to whom two policies of fire insurance were issued by the plaintiff, covering property in Philadelphia. These policies were alleged by the statement of claim and admitted by the affidavit of defense, to have been “issued and delivered to the defendant at Springfield, Massachusetts.” The insurance was to cover the period…
2Cases cited3 opinions
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
- Commonwealth v. BiddleSupreme Court of Pennsylvania · 1891
- McBride v. RinardSupreme Court of Pennsylvania · 1896
3Cited by6 opinions
- Frawley, Bundy & Wilcox v. Pennsylvania Casualty Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1903
- New York Life Ins. Co. v. LevineCourt of Appeals for the Third Circuit · 1943
- Commonwealth Mutual Fire Insurance ex rel. Stevens v. SharplessSuperior Court of Pennsylvania · 1900
- Employers Mutual Insurance v. PakradooniSuperior Court of Pennsylvania · 1924
- Edwards v. Commonwealth Mut. Fire Ins. Co. Of PennsylvaniaCourt of Appeals for the Third Circuit · 1952
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