Farmers & Breeders Mutual Reserve Fund Live Stock Ins. v. Miller
Superior Court of Pennsylvania
Appeal, No. 228, Oct. T., 1916, by plaintiff, from order of O. P. No. 1, Philadelphia Co., March T., 1916, No. 684, discharging rule for judgment for want of a sufficient affidavit of defense in case of Farmers & Breeders Mutual Reserve Fund Live Stock Insurance Company of the United States v. Adolph G. Miller. Assumpsit to recover premiums on a policy of insurance covering eight horses. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 228, Oct. T., 1916, by plaintiff, from order of O. P. No. 1, Philadelphia Co., March T., 1916, No. 684, discharging rule for judgment for want of a sufficient affidavit of defense in case of Farmers & Breeders Mutual Reserve Fund Live Stock Insurance Company of the United States v. Adolph G. Miller. Assumpsit to recover premiums on a policy of insurance covering eight horses. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging rule for judgment for want of a sufficient…
1Opinion of the Court
Opinion by
Kephart, J.,
This action was brought to recover insurance premiums on policies covering live stock. The court below refused to enter judgment for want of a sufficient affidavit of defense and in so doing we do not think it committed error. The substantial defense presented by the. affidavit is the claim that by reason of the plaintiff’s breach of contract in its failure to perform by paying the amount due for the loss of an animal the plaintiff can-celled and annulled the policy and that all rights of plaintiff thereunder ceased and determined. The refusal without right to pay loss…
2Cases cited2 opinions
- American Life Insurance v. McAdenSupreme Court of Pennsylvania · 1885
- Kerns v. Prudential InsuranceSuperior Court of Pennsylvania · 1899
3Cited by3 opinions
- Holyland v. Protected Home CircleSuperior Court of Pennsylvania · 1918
- Sporrer v. German Roman Catholic Knights of St. GeorgeSuperior Court of Pennsylvania · 1918
- Farmers & Breeders Mutual Reserve Fund Live Stock Insurance v. ElliottSuperior Court of Pennsylvania · 1918