Donaldson v. Fortna
Superior Court of Pennsylvania
Appeal, No. 251, Oct. T., 1920, by defendant, from judgment of C. P. Berks County, Oct. T., 1919, No. 79, for plaintiff, for want of a sufficient affidavit of defense in tbe case of Thomas B. Donaldson, Insurance Commissioner, as Such Statutory Liquidator of the Dissolved Central Mutual Fire Insurance Company v. Emma L. Fortna. Assumpsit to recover assessments levied for losses in a dissolved mutual fire insurance company.
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Appeal, No. 251, Oct. T., 1920, by defendant, from judgment of C. P. Berks County, Oct. T., 1919, No. 79, for plaintiff, for want of a sufficient affidavit of defense in tbe case of Thomas B. Donaldson, Insurance Commissioner, as Such Statutory Liquidator of the Dissolved Central Mutual Fire Insurance Company v. Emma L. Fortna. Assumpsit to recover assessments levied for losses in a dissolved mutual fire insurance company. Before Wagner, J. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. The court made absolute the…
1Dissent
*409Dissenting Opinion by
Keller, J.:
Tbe importance of this case to tbe holders of policies of mutual insurance constrains me to dissent from tbe opinion of tbe majority and to set forth my reasons therefor at some length.
Tbe Act of June 1, 1911, P. L. 599, authorizes tbe Court of Common Pleas of Dauphin County, for cause shown, to order the liquidation of the business of any domestic insurance corporation, in which case such liquidation shall be made by and under the direction of the insurance commissioner; but the general oversight and direction of the acts of the insurance commissioner as such…
2Cases cited11 opinions
- Capital City Mutual Fire Insurance ex rel. Kramer v. BoggsSupreme Court of Pennsylvania · 1895
- State v. SimpkinsSupreme Court of Iowa · 1889
- Stockley v. RiebenackSuperior Court of Pennsylvania · 1899
- Schofield v. TurnerSupreme Court of Pennsylvania · 1906
- Stockley v. HartleySuperior Court of Pennsylvania · 1900
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