Legal Opinion

Molaka v. American Fire Insurance

Superior Court of Pennsylvania

Decided October 9, 1905No. Appeal, No. 137PublishedCited by 5 opinions

Appeal, No. 137, April T., 1905, by-defendant, from order of C. P. No. 1, Allegheny Co., March T., 1904, No. 991, making absolute rule for judgment for want of a sufficient affidavit of defense in case of George Molaka to use of Fredericka Klein v. American Fire Insurance Company. Assumpsit on a policy of fire insurance. Rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 137, April T., 1905, by-defendant, from order of C. P. No. 1, Allegheny Co., March T., 1904, No. 991, making absolute rule for judgment for want of a sufficient affidavit of defense in case of George Molaka to use of Fredericka Klein v. American Fire Insurance Company. Assumpsit on a policy of fire insurance. Rule for judgment for want of a sufficient affidavit of defense. The averments of the statement and affidavit of defense are set forth in the opinion of the Superior Court. The court made absolute rule for judgment for want a sufficient affidavit of defense. Error assigned…

1Opinion of the Court

Opinion by

Portee, J.,

The court below made absolute a rule for judgment for want of a sufficient affidavit of defense, and the defendant appeals. Accepting the averments of the affidavit of defense as true, we have the following facts :

The defendant company issued to George Molaka, the legal plaintiff, a policy of insurance upon a dwelling house of which the latter was the owner. The policy contained a provision that, unless otherwise provided by agreement indorsed thereon, it should become void “if the insured now has or shall hereafter make or procure any other contract of insurance, whether…

2Cases cited4 opinions

  1. McSparran v. Southern Mutual InsuranceSupreme Court of Pennsylvania · 1899
  2. Everly v. RiceSupreme Court of Pennsylvania · 1853
  3. Fritch v. Citizens' Bank of ReadingSupreme Court of Pennsylvania · 1899
  4. Yentzer v. Farmers' Mutual InsuranceSupreme Court of Pennsylvania · 1901

3Cited by5 opinions

  1. Taylor v. SeckingerSuperior Court of Pennsylvania · 1962
  2. Snyder v. Munroe, Pennsylvania Court of Common Pleas, Adams County1960
  3. Bryan, Trustee v. Home Ins. Co.Superior Court of Pennsylvania · 1936
  4. Freystown Mutual Fire Insurance v. Whited, Pennsylvania Court of Common Pleas, Adams County1941
  5. Taylor v. SeckingerSuperior Court of Pennsylvania · 1962

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