Mancia v. Marquette National Fire Ins.
Supreme Court of Pennsylvania
Appeal, No. 3, Jan. T., 1924, by plaintiff, from order of C. P. Lackawanna Co., Oct. T., 1922, No. 926, discharging rulé for judgment for want of sufficient affidavit of defense, in case of Belardo Mancia or Belardo Mancia or Mancini v. Marquette National Fire Insurance Co. Assumpsit on a fire insurance policy. Rule for judgment for want of a sufficient affidavit of _ defense. Before Maxey, J. The opinion of the Supreme Court states the facts. Rule discharged.
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Appeal, No. 3, Jan. T., 1924, by plaintiff, from order of C. P. Lackawanna Co., Oct. T., 1922, No. 926, discharging rulé for judgment for want of sufficient affidavit of defense, in case of Belardo Mancia or Belardo Mancia or Mancini v. Marquette National Fire Insurance Co. Assumpsit on a fire insurance policy. Rule for judgment for want of a sufficient affidavit of _ defense. Before Maxey, J. The opinion of the Supreme Court states the facts. Rule discharged. Plaintiff appealed. Error assigned was, order, quoting record.
1Opinion of the Court
Per Curiam,
The court below refused to make absolute plaintiff’s rule for judgment for want of a sufficiént affidavit of defense; hence this appeal.
The action was brought to recover on a fire insurance policy which, the affidavit avers, had been cancelled by defendant and surrendered by plaintiff some three months prior to the fire in question. If the sufficiency *176of these averments was the only question involved, we would hold the present appeal to be governed by the usual rule, announced as early as Griffith v. Sitgreaves, 81* Pa. 378, to the effect that writs under the Act of April 18, 1874,…
2Cases cited3 opinions
- Mintz v. Tri-County Natural Gas Co.Supreme Court of Pennsylvania · 1918
- Baker Loan & Trust Co. v. DiehlSupreme Court of Pennsylvania · 1916
- Philip Haibach Contracting Co. v. HornungSupreme Court of Pennsylvania · 1921
3Cited by10 opinions
- Germantown T. Co. v. Emhardt (No. 1)Supreme Court of Pennsylvania · 1936
- Helfenstein v. Line Mountain Coal Co.Supreme Court of Pennsylvania · 1925
- Frey v. U. T. Co. of PittsburghSupreme Court of Pennsylvania · 1935
- Kaster v. Pennsylvania Fuel Supply Co.Supreme Court of Pennsylvania · 1930
- Commonwealth Trust Company v. Alleg'y CemeterySupreme Court of Pennsylvania · 1936
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