Wakely v. Sun Insurance Office of London
Supreme Court of Pennsylvania
Appeal, No. 187, Jan. T., 1913, by defendant, from judgment of C. P. Tioga Co., May T., 1912, No. 206, for want of a sufficient affidavit of defense in casé of W. O. Wakely, now for use of W. O. Wakely and The Knoxville Trading Co., a corporation under the laws of Pennsylvania v. The Sun Insurance Office of London, England. Assumpsit on insurance policy. Before Cameron, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 187, Jan. T., 1913, by defendant, from judgment of C. P. Tioga Co., May T., 1912, No. 206, for want of a sufficient affidavit of defense in casé of W. O. Wakely, now for use of W. O. Wakely and The Knoxville Trading Co., a corporation under the laws of Pennsylvania v. The Sun Insurance Office of London, England. Assumpsit on insurance policy. Before Cameron, P. J. The facts appear by the opinion of the Supreme Court. The court made absolute the rule for judgment for want of a sufficient affidavit of defense. Defendant appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Mestbezat,
This is an appeal from the judgment entered by the court below for want of a sufficient affidavit of defense in an action on a policy of fire insurance on a building and its contents.
The affidavit avers substantially that (1) the plaintiff concealed and misrepresented a material fact concerning the value of the building; (2) the plaintiff has not furnished satisfactory proofs of loss; (3) the plaintiff has refused and neglected to produce, for examination, all books of accounts, bills, invoices and other vouchers, at Knoxville; and (4) the property described in…
2Cases cited3 opinions
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- Girard Life Insurance, Annuity & Trust Co. v. Mutual Life InsuranceSupreme Court of Pennsylvania · 1881
- Citizens Natural Gas Co. v. Waynesburg Natural Gas Co.Supreme Court of Pennsylvania · 1904
3Cited by23 opinions
- Meaker Galvanizing Co. v. Charles E. McInnes & Co.Supreme Court of Pennsylvania · 1922
- Mintz v. Tri-County Natural Gas Co.Supreme Court of Pennsylvania · 1918
- Munhall v. Travelers InsuranceSupreme Court of Pennsylvania · 1930
- Jenkins v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1925
- Mendenhall v. JacksonSupreme Court of Pennsylvania · 1920
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