Moore v. Schafer
Superior Court of Pennsylvania
Appeal, No. 150, April T., 1901, by plaintiff, from order of C. P. Beaver Co., Dee. T., 1900, No. 281, discharging rule for judgment for want of a sufficient affidavit of defense in case of Elmer W. Moore, Receiver of the Iron City Mutual Fire Insurance Company of Pittsburg, v. Philip Schafer. Assumpsit by the receiver of an insolvent mutual fire insurance company to recover assessments.
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Appeal, No. 150, April T., 1901, by plaintiff, from order of C. P. Beaver Co., Dee. T., 1900, No. 281, discharging rule for judgment for want of a sufficient affidavit of defense in case of Elmer W. Moore, Receiver of the Iron City Mutual Fire Insurance Company of Pittsburg, v. Philip Schafer. Assumpsit by the receiver of an insolvent mutual fire insurance company to recover assessments. The statement of claim set forth that the defendant’s policy had been canceled on October 19, 1897, but that the losses for which the assessments in suit had been made were all incurred prior to the…
1Opinion of the Court
Opinion by
Orlady, J.,
The error complained of is the action of the court below in discharging a rule for judgment for want of a sufficient affidavit of defense. As shown by the statement the insurance company was incorporated on September 17, 1889, and on November 28, 1892, the defendant made an application for membership therein for the term of five years from November 29,1892, pursuant to which a policy of insurance was issued by the company and delivered to the defendant on December 3,1892. In consideration of the policy, the defendant gave’ to the insurance company a note under seal by…
2Cases cited5 opinions
- Stockley v. RiebenackSuperior Court of Pennsylvania · 1899
- Susquehanna Mutual Fire Ins. v. OberholtzerSupreme Court of Pennsylvania · 1895
- Capital City Mutual Fire Ins. v. BoggsSuperior Court of Pennsylvania · 1897
- Schofield v. LeachSuperior Court of Pennsylvania · 1900
- State Mutual Fire Insurance v. SmithSuperior Court of Pennsylvania · 1896
3Cited by3 opinions
- Moore v. LichtenbergerSuperior Court of Pennsylvania · 1904
- Achenbach v. Slate Belt Telephone & Telegraph Co.Superior Court of Pennsylvania · 1920
- Tanner v. O. M. Weber Co.Superior Court of Pennsylvania · 1915