Orr v. Mercer County Mutual Fire Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mercer county: Of October Term 1886, No. 92. • This was an action of debt brought by the Mercer County Mutual Fire Insurance Company and John W. Bell, Receiver, against James Orr, to recover an assessment on a policy of insurance. Pleas, nil debet, and Statute of Limitations.
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Error to the Court of Common Pleas of Mercer county: Of October Term 1886, No. 92. • This was an action of debt brought by the Mercer County Mutual Fire Insurance Company and John W. Bell, Receiver, against James Orr, to recover an assessment on a policy of insurance. Pleas, nil debet, and Statute of Limitations. The Mercer County Mutual Fire Insurance Company was organized under the provisions of the Act of Assembly approved April 2d, 1856, (P. L. 211), providing for the organization of insurance companies, and was incorporated by a decree •of the Court of Common Pleas of Mercer county, made…
1Opinion of the CourtJustice Trunkey
There was a former action between these parties to recover an assessment on the same policy, in which the defendant confessed judgment for $99.32. That action was instituted before a justice of the peace from whose judgment the defendant appealed. The transcript and the pleadings are not printed, ■and it is probable that they do not specifically show both claim and defence. What the claim was, or what was set up as defence, may be shown by oral testimony, provided it does not contradict, and is consistent with the record. The defendant himself testifies that after his surrender of the policy…
2Cases cited4 opinions
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Gates v. . PrestonNew York Court of Appeals · 1869
- Baxter v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1810
- Newton v. . HookNew York Court of Appeals · 1872
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- Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
- Stradley v. Bath Portland Cement Co.Supreme Court of Pennsylvania · 1910
- Eichman v. HerskerSupreme Court of Pennsylvania · 1895
- Ruppin v. McLachlanSupreme Court of Iowa · 1904
- Allen v. International Text Book Co.Supreme Court of Pennsylvania · 1902
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