Buckley v. Columbia Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1879, No. 95. Assumpsit by the Columbia Insurance Company against John Buckley and others, trading as Buckley & Co., to recover assessments made upon a premium note of defendants given by them for $1350. A narr. was filed, with special counts, to recover assessments made January 9th 1875, of 8, 20 and 10 per cent., total 38 per cent., and assessment made same date for 25 per cent, of said note…
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1879, No. 95. Assumpsit by the Columbia Insurance Company against John Buckley and others, trading as Buckley & Co., to recover assessments made upon a premium note of defendants given by them for $1350. A narr. was filed, with special counts, to recover assessments made January 9th 1875, of 8, 20 and 10 per cent., total 38 per cent., and assessment made same date for 25 per cent, of said note — altogether for the sum of $850.50. The defendants, pleaded “ non assumpserunt payment' with leave,” &c. The plaintiff…
1Opinion of the CourtJustice Gordon
The thirteenth assignment of error is the only one that needs consideration, the others are not sustained. This assignment excepts.to the charge and is as follows: “That by law directors are vested with authority to make assessments to meet losses, and that a reasonable discretion must be allowed, and it is not a defence unless the directors fraudulently or wantonly abused their power to make their assessment too large.” The statement of the law as herein contained, without explanation, is too broad, and, considered aside from the facts, would be good cause for reversal. But, prima facie, by…
2Cited by4 opinions
- Commonwealth Ex Rel. Schnader v. Keystone Indemnity ExchangeSupreme Court of Pennsylvania · 1940
- Taggart, Ins. Com. v. GrahamSuperior Court of Pennsylvania · 1932
- Fidelity Mutual Fire Insurance v. HancockSuperior Court of Pennsylvania · 1899
- Commonwealth v. Keystone Indemnity Exchange, Pennsylvania Court of Common Pleas, Dauphin County1938