Stockley v. Hartley
Superior Court of Pennsylvania
Appeal, No. 58, April T., 1900, by defendants, from judgment of C. P. No. 1, Allegheny Co., June T., 1899, No. 21, in favor of plaintiff for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc.
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Appeal, No. 58, April T., 1900, by defendants, from judgment of C. P. No. 1, Allegheny Co., June T., 1899, No. 21, in favor of plaintiff for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc. It appears from the record that the action was assumpsit to recover assessments against defendants to the amount of $626.38 under the decree of the court of Dauphin county directing plaintiff receiver to levy an assessment upon the policies or certificates of membership of said company, the decree by McPherson, J„ being as…
1Opinion of the Court
Opinion by
Beaver, J.,
The affidavit of defense, the sufficiency of which is the basis of inquiry in this case, alleges, as a defense to the action brought to recover the pro rata share from the defendants of an assessment laid by a decree of the court of common pleas of Dauphin county upon the policy holders of an insolvent mutual livestock insurance company, that the assessment is excessive in amount and based upon allegations as to liability of the company which are not true in fact, and, in the supplemental affidavit of defense, that the policies in the case of the defendants, by virtue of…
2Cases cited5 opinions
- Capital City Mutual Fire Insurance ex rel. Kramer v. BoggsSupreme Court of Pennsylvania · 1895
- Capital City Mutual Fire Ins. v. BoggsSuperior Court of Pennsylvania · 1897
- Susquehanna M. F. Ins. v. Leavy, Pennsylvania Court of Common Pleas, Clearfield County1890
- Matten v. LichtenwalnerSuperior Court of Pennsylvania · 1898
- Wood v. Standard Mutual Live Stock Insurance Baer's AppealSupreme Court of Pennsylvania · 1893
3Cited by8 opinions
- Schofield v. LeachSuperior Court of Pennsylvania · 1900
- Stockley v. McClurgSuperior Court of Pennsylvania · 1900
- Schofield v. LaffertySuperior Court of Pennsylvania · 1901
- International Savings & Trust Co. v. StengerSuperior Court of Pennsylvania · 1906
- Smith v. SanftSuperior Court of Pennsylvania · 1962
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