Schimpf v. Lehigh Valley Mutual Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: Of January Term 1878, No. 48. Amicable action in debt brought by the Lehigh Valley Mutual Insurance Company against John Schimpf & Son, to recover an assessment on a premium note. The facts are fully stated in'the opinion qf the court.
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Error to the Court of Common Pleas of Lehigh county: Of January Term 1878, No. 48. Amicable action in debt brought by the Lehigh Valley Mutual Insurance Company against John Schimpf & Son, to recover an assessment on a premium note. The facts are fully stated in'the opinion qf the court. The case was submitted to the court, under the provisions of the Act of April 22d 1874. In an opinion the court, Longaker, P. J., held that the members of this mutual company giving premium notes were liable to assessments, to pay losses which had occurred to the insured who had policies on the cash premium…
1Opinion of the CourtJustice Paxson
This action was brought in the court below by the Lehigh Yalley Mutual Fire Insurance Company against John G. Schimpf & Son, plaintiffs in error, to recover an assessment upon a premium note. The defendants resisted payment upon two grounds, viz.: 1. That the assessment was ultra vires; and 2d. That it was made by the company after it had executed a general assignment for the benefit of creditors. These two questions involve all that is important in the numerous assignments of error. In order to discuss them intelligently it is essential to have a clear understanding of the facts. The company…
2Cases cited2 opinions
- Mygatt v. . New York Protection Insurance CompanyNew York Court of Appeals · 1860
- White v. HavensNew York Court of Appeals · 1860
3Cited by8 opinions
- Driscoll v. Washington County Fire Ins.Court of Appeals for the Third Circuit · 1940
- Moore v. LichtenbergerSuperior Court of Pennsylvania · 1904
- Farmers' & Breeders' Mutual Reserve Fund Live Stock Ins. v. BeckSuperior Court of Pennsylvania · 1917
- Keystone Auto. Club Casualty Co. v. CommissionerUnited States Board of Tax Appeals · 1939
- Knouse v. Mutual Fire InsuranceSuperior Court of Pennsylvania · 1922
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