Smith v. Bell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mercer county: Of October and November Term, 1884, No. 192. This was an action of covenant brought by John Boll, Receiver of the Mercer County Mutual Fire Insurance Company against George K. Smith to recover the amount of an assessment, levied by the plaintiff upon the defendant, as holder of a policy of insurance in the said company.
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Error to the Court of Common Pleas of Mercer county: Of October and November Term, 1884, No. 192. This was an action of covenant brought by John Boll, Receiver of the Mercer County Mutual Fire Insurance Company against George K. Smith to recover the amount of an assessment, levied by the plaintiff upon the defendant, as holder of a policy of insurance in the said company. The parties to the cause submitted the following case stated to the court in tíre nature of a special verdict: The plaintiff is a mutual fire insurance company organized under tlie provisions of the Act of Assembly approved…
1Opinion of the CourtJustice Trunkey
The defendant concedes that he was not bound for any certain sum of money, that his liability was conditional, and that no action accrued against him until an assessment made in accordance with the charter of the company. He contends that the plaintiff was bound to levy all assessments for losses and expenses which occurred during his membership, within six years from the expiration thereof, and that he may avail the bar of the statute of limitations against any assessment made more than six years after the policy had expired. Thus the single question is presented whether, upon contracts of…
2Cases cited5 opinions
- Scovill v. ThayerSupreme Court of the United States · 1882
- Howland v. . EdmondsNew York Court of Appeals · 1862
- Hope Mutual Life Insurance v. WeedSupreme Court of Connecticut · 1859
- Bigelow v. LibbyMassachusetts Supreme Judicial Court · 1875
- Howland v. CuykendallNew York Supreme Court · 1863
3Cited by9 opinions
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- First National Bank v. BartlettSuperior Court of Pennsylvania · 1908
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