Given v. Rettew
Supreme Court of Pennsylvania
Appeal, No. 35, May T., 1894, by plaintiff, W. B. Given, Receiver of the Lancaster County Mutual Live Stock & Chattel Theft Insurance Co., from judgment of C. P. Dauphin Co., March T., 1894, No. 117, in favor of defendant on trial by court without jury. Assumpsit for assessment by receiver.
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Appeal, No. 35, May T., 1894, by plaintiff, W. B. Given, Receiver of the Lancaster County Mutual Live Stock & Chattel Theft Insurance Co., from judgment of C. P. Dauphin Co., March T., 1894, No. 117, in favor of defendant on trial by court without jury. Assumpsit for assessment by receiver. The following opinion was filed by McPherson, J.: “ This case was tried without a jury, under the act of 1874. From the papers offered in evidence, and the agreement of the parties, we find the following facts : “1. The Lancaster County Mutual Live Stock and Chattel Theft Insurance Company is a corporation…
1Opinion of the Court
Per Curiam,
Our examination of this record discloses no substantial error in the court’s findings of fact or conclusions of law. In the latter, it is virtually held, inter alia, that the policy executed by the company and accepted by the defendant was non-assessable and defendant having paid all that was required by the terms of his contract, neither the company nor the receiver had any further claim on him. This conclusion, we think, was fully warranted, and is of itself conclusive of defendant’s right to judgment. These and other questions presented by the specifications of error have been…
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