Jones v. Alliance Mutual Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 138, Jan. T., 1895, by L. H. Kinney, from order of C. P. Berks Co., Equity Docket 1891, No. 545, dismissing exceptions to master’s report. Bill in equity alleging insolvency of defendant and praying for the appointment of a receiver.
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Appeal, No. 138, Jan. T., 1895, by L. H. Kinney, from order of C. P. Berks Co., Equity Docket 1891, No. 545, dismissing exceptions to master’s report. Bill in equity alleging insolvency of defendant and praying for the appointment of a receiver. Exceptions to report of master appointed to distribute the estate of the defendant The master, William Young, Esq., reported the facts to be as follows: On November 28,1889, The Alliance Mutual Fire Insurance Company of Reading, Pa., issued to L. H. Kinney a policy of insurance in the amount of $1,000; $750 on his machinery, shafting, belting, etc.,…
1Opinion of the Court
Per Curiam,
The appellant admitted when on the witness stand that he had received notice of the assessment made in January, 1891, a day or two after it was mailed to him. ■ As <a matter of fact he never paid the assessment and the evidence that he never intended to pay it, but that he intended to abandon the policy, was simply overwhelming. He took out other insurance for the very purpose of supplying the place of this policy. The master’s finding on this subject is eminently correct and could not have been otherwise under the testimony. It was confirmed by the learned court below and is…
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