Kane v. Schuylkill Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 133, Jan. T., 1900, oy defendant, from decree of C. P. No. 1, Phila. Co., June T., 1897, No. 1326, on bill in equity in case of William Kane v. The Schuylkill Fire Insurance Company. Bill in equity for discovery and an account.
Read the full summary
Appeal, No. 133, Jan. T., 1900, oy defendant, from decree of C. P. No. 1, Phila. Co., June T., 1897, No. 1326, on bill in equity in case of William Kane v. The Schuylkill Fire Insurance Company. Bill in equity for discovery and an account. From the record it appeared that the plaintiff, William Kane, was general manager of the defendant company under an agreement which contained, inter alia, the following clauses : “ 1st. The party of the first part hereby employs the party of the second part to act as the General Manager of its business for the period of five (5) years from the date hereof,…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
The important question in this case, by which all the others are more or less affected, is whether an answer in equity of a corporation, sworn to by an officer on his personal knowledge, is entitled to the benefit of the equity rule that a responsive answer is evidence, only to be overcome by the testimony of two witnesses, or of one witness with corroborating circumstances, or whether it is to be regarded as mere pleading.
The precise origin of the rule has been the subject of difference of opinion among text writers, as is shown by the learned referee in this…
2Cases cited3 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1846
- Riegel v. American Life Ins.Supreme Court of Pennsylvania · 1893
- Waller v. Kingston Coal Co.Supreme Court of Pennsylvania · 1899
3Cited by8 opinions
- Good v. Grit Publishing Co.Supreme Court of Pennsylvania · 1906
- Meltzer v. KushinSupreme Court of Pennsylvania · 1941
- Carle v. CorhanSupreme Court of Virginia · 1920
- Baird v. National Surety Co.North Dakota Supreme Court · 1926
- Roanoke Railway & Electric Co. v. Virginian Railway Co.Supreme Court of Virginia · 1932
3 more not listed; retrieve them via the Exa API.