Columbia Insurance v. Masonheimer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: No. 54, to May Term 1874. This action was commenced before a justice of the peace by the Columbia Insurance Company against J. M. Masonheimer, and removed by appeal into the Court of Common Pleas, December 30th 1869. The plaintiffs, a mutual insurance company, declared in assumpsit for two assessments of $16.50 each on a premium-note of $330, the consideration of a policy of insurance No. 13,895, which had been issued…
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Error to the Court of Common Pleas of Cumberland county: No. 54, to May Term 1874. This action was commenced before a justice of the peace by the Columbia Insurance Company against J. M. Masonheimer, and removed by appeal into the Court of Common Pleas, December 30th 1869. The plaintiffs, a mutual insurance company, declared in assumpsit for two assessments of $16.50 each on a premium-note of $330, the consideration of a policy of insurance No. 13,895, which had been issued for three years from March 28th 1868 to Daniel Shoemaker on his store, which he afterwards sold to the defendant and…
1Opinion of the CourtJustice Williams
The secretary was the proper organ of communication between the company and the defendant, as the assignee and holder of one of its policies, and it was clearly within the scope of his authority to inform the defendant of its cancellation for the failure of the *141assignor to comply with the condition upon which it was issued, and for the non-performance of which the company had reserved the right to cancel it. If the policy was in fact cancelled, there can be no recovery of the assessments on the premium-note given by the defendant. It was wholly without consideration, if the contract of…
2Cited by1 opinion
- Matten v. LichtenwalnerSuperior Court of Pennsylvania · 1898