State Mutual Fire Insurance v. Keefer
Superior Court of Pennsylvania
Appeal, No. 182, April T., 1898, by defendants, from judgment of C. P. Westmoreland Co., Aug. T., 1894, No. 1610, on verdict for plaintiff. Assumpsit.
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Appeal, No. 182, April T., 1898, by defendants, from judgment of C. P. Westmoreland Co., Aug. T., 1894, No. 1610, on verdict for plaintiff. Assumpsit. Before Doty, P. J. It appears from the record that suit was brought to recover certain assessments alleged to be due on premium note subject to assessment for $625. The plaintiff insured the defendants for the term of five years, the policy having been issued in consideration of such note and a cash premium of $20.83 and a refundable cash deposit of $104.17. By agreement of counsel the case was submitted to the court below for trial upon…
1Opinion of the Court
Opinion by
Rice, P. J.,
This case does not come before us in a satisfactory shape. *189The Act of April 22, 1874, P. L. 109, provides a simple mode for the trial of cases by the court without a jury, and the practice under it is well settled. The decision of the court must be in writing, stating separately and distinctly the facts found, and the conclusions of law. An agreement that the case shall be tried upon the facts set forth in the statement, the affidavit of defense and the replication does not dispense with this plain requirement of the statute^ especially if any of the facts be in dispute.…
2Cases cited5 opinions
- Commonwealth v. Equitable Beneficial Ass'nSupreme Court of Pennsylvania · 1890
- Lewars v. WeaverSupreme Court of Pennsylvania · 1888
- Foreman v. HoslerSupreme Court of Pennsylvania · 1880
- Southern Maryland R. v. MoyerSupreme Court of Pennsylvania · 1889
- Ellis v. LaneSupreme Court of Pennsylvania · 1877
3Cited by2 opinions
- Vollet v. PechenikSupreme Court of Pennsylvania · 1955
- Farmers' & Breeders' Mutual Reserve Fund Live Stock Ins. v. BeckSuperior Court of Pennsylvania · 1917