Schofield v. Hayes
Superior Court of Pennsylvania
Appeal, No. 202, Oct. T., 1900, by defendant, from order of O. P. No. 2, Phila. Co., Dec. T., 1898, No. 1030, making absolute rule for judgment, for want of a sufficient affidavit of defense in case of Charles S. Schofield, Receiver of the Ætna Mutual Live Stock Insurance Company v. Maurice Hayes. Assumpsit to recover assessments on policy of insurance.
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Appeal, No. 202, Oct. T., 1900, by defendant, from order of O. P. No. 2, Phila. Co., Dec. T., 1898, No. 1030, making absolute rule for judgment, for want of a sufficient affidavit of defense in case of Charles S. Schofield, Receiver of the Ætna Mutual Live Stock Insurance Company v. Maurice Hayes. Assumpsit to recover assessments on policy of insurance. The defendant filed the following affidavit of defense: Defendant is informed and believes, and therefore avers, that the policies of insurance attached to and made part of plaintiff’s statement of claim are cash policies, and not assessable…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit brought by the receiver of an insolvent live stock insurance company to recover from the defendant the amount of certain assessments levied to pay certain losses incurred while the defendant was a member of the company; these assessments being part of a general assessment levied by the receiver upon all policy holders, by virtue of a decree of the court of common pleas of Dauphin county.
The defendant alleged in his affidavit of defense that “ the policies of insurance attached to and made part of plaintiff’s statement of claim are cash…
2Cases cited7 opinions
- Dettra v. KestnerSupreme Court of Pennsylvania · 1892
- Susquehanna Mutual Fire Ins. v. OberholtzerSupreme Court of Pennsylvania · 1895
- Given v. RettewSupreme Court of Pennsylvania · 1894
- Capital City Mutual Fire Ins. v. BoggsSuperior Court of Pennsylvania · 1897
- Schofield v. LeachSuperior Court of Pennsylvania · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Moore v. LichtenbergerSuperior Court of Pennsylvania · 1904
- Moore v. BestlineSuperior Court of Pennsylvania · 1903
- Tanner v. O. M. Weber Co.Superior Court of Pennsylvania · 1915