Brown v. Spackman
Superior Court of Pennsylvania
Appeal, No. 82, Oct. T., 1905, by defendants, from order of C. P. Chester Co., Jan. T., 1904, • No. 64, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Charles L. Brown, Receiver, etc., v. George H. Spackman et al., trading as The Coatesville Opera House Company. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 82, Oct. T., 1905, by defendants, from order of C. P. Chester Co., Jan. T., 1904, • No. 64, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Charles L. Brown, Receiver, etc., v. George H. Spackman et al., trading as The Coatesville Opera House Company. Rule for judgment for want of a sufficient affidavit of defense. The averments of the statement and of the affidavit of defense are set forth in the opinion of the Superior Court. Frror assigned was the order of the court making absolute rule for judgment for want of a sufficient affidavit…
1Opinion of the Court
Opinion by
Hendekson, J.,
The plaintiff’s declaration recites the insolvency of the insurance company, the appointment of the plaintiff as receiver, the decree of the court of common pleas of Dauphin county directing assessments against policy holders for the purpose of paying losses, and that the amount for which this action was brought was one of the assessments so authorized and was for losses incurred while the defendants were members of the company. Numerous losses are set forth alleged to have occurred while the defendants were admittedly members of the company. The defendants say,…
2Cases cited7 opinions
- Capital City Mutual Fire Insurance ex rel. Kramer v. BoggsSupreme Court of Pennsylvania · 1895
- Schofield v. LeachSuperior Court of Pennsylvania · 1900
- Stockley v. SchwerdfegerSuperior Court of Pennsylvania · 1902
- People's Fire Insurance v. Hartshorne & Co.Supreme Court of Pennsylvania · 1879
- Sparks v. Flaccus Glass Co.Superior Court of Pennsylvania · 1901
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3Cited by3 opinions
- Backenstoe v. KlineSuperior Court of Pennsylvania · 1906
- International Savings & Trust Co. v. StengerSuperior Court of Pennsylvania · 1906
- French v. HardingSuperior Court of Pennsylvania · 1911