Susquehanna Mutual Fire Insurance v. Swank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Somerset county: Of July Term 1882, No. 245. Assumpsit, by the Susquehanna Mutual Fire Insurance Company against Josiali Swank, to recover the amount of an assessment made upon a premium note signed by defendant, upon his receiving a policy of iire insurance on the “ assessment plan” in the plaintiff company. Plea, non-assumpsit, and special pleas.
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Error to the Court of Common Pleas of Somerset county: Of July Term 1882, No. 245. Assumpsit, by the Susquehanna Mutual Fire Insurance Company against Josiali Swank, to recover the amount of an assessment made upon a premium note signed by defendant, upon his receiving a policy of iire insurance on the “ assessment plan” in the plaintiff company. Plea, non-assumpsit, and special pleas. The defence, briefly stated, was, that the defendant and Hicks, the'agent of the company through whom he effected the insurance, did not intend that the policy should be on the “ assessment plan,” but on the “…
1Opinion of the CourtJustice Paxson
This was a suit against a member of a mutual fire insurance company to recover an assessment regularly made to cover losses and expenses incurred during the life of the policy. The policy was issued to the defendant on June 9th 1877 in pursuance of an application in writing made by the defendant on June 1st 1877. The policy was sent to and accepted by him. In August or Septenlber of the same year an assessment *22of $24 was made upon his policy, which he paid under protest. The assessment for which this suit was brought was made September 13th 1878 for the sum.of $39, and defendant notified to…
2Cited by9 opinions
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- Youngstown Electric Light Co. v. Butler County Poor DistrictSuperior Court of Pennsylvania · 1902
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