Legal Opinion

O'Neil v. Burnett

Supreme Court of Pennsylvania

Decided January 4, 1919No. Appeal, No. 120PublishedCited by 19 opinions

Appeal, No. 120, Oct. T., 1918, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1917, No. 403, discharging rule for judgment for want of sufficient affidavit of defense in the case of J. D. O’Neil, Insurance Commissioner of Pennsylvania, acting by Thomas B. Donaldson, Special Deputy in Charge of the Liquidation of the American Union Fire Insurance Company, v. L. A. Burnett.

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Appeal, No. 120, Oct. T., 1918, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1917, No. 403, discharging rule for judgment for want of sufficient affidavit of defense in the case of J. D. O’Neil, Insurance Commissioner of Pennsylvania, acting by Thomas B. Donaldson, Special Deputy in Charge of the Liquidation of the American Union Fire Insurance Company, v. L. A. Burnett. Rule for judgment for want of sufficient ¿ffidavit of defense in action of assumpsit by insurance commissioner against defendant, as agent of an insolvent insurance corporation, to recover moneys received by…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This is an action of assumpsit on behalf of the insurance commissioner as liquidating trustee to recover moneys collected by the agent of an insolvent fire insurance company. On February 27, 1911, the American Union Fire Insurance Company of Philadelphia, by written agreement, employed L. A. Burnett as general agent at Pittsburgh to negotiate insurance and do other business connected therewith, on the basis of commissions and expenses. On the same day the company, by a separate written agreement, employed him as its fiscal agent at Pittsburgh, with authority,…

2Cases cited10 opinions

  1. Brothers v. Girard National BankSupreme Court of Pennsylvania · 1915
  2. Cowan v. Pennsylvania Plate Glass Co.Supreme Court of Pennsylvania · 1898
  3. Dean & Son's AppealSupreme Court of Pennsylvania · 1881
  4. United States Brick Co. v. Middletown Shale Brick Co.Supreme Court of Pennsylvania · 1910
  5. Law v. WaldronSupreme Court of Pennsylvania · 1911

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3Cited by19 opinions

  1. In Re the Arbitration Between Knickerbocker Agency, Inc. & HolzNew York Court of Appeals · 1958
  2. Gross v. Exeter Machine Works, Inc.Supreme Court of Pennsylvania · 1923
  3. Michelin Tire Co. v. SchulzSupreme Court of Pennsylvania · 1928
  4. Robinson v. StoverSupreme Court of Pennsylvania · 1935
  5. Kelter v. American Bankers Finance Co.Supreme Court of Pennsylvania · 1932

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