Legal Opinion

Stockley v. Schwerdfeger

Superior Court of Pennsylvania

Decided February 14, 1902No. Appeal, No. 197PublishedCited by 7 opinions

Appeal, No. 197, Oct. T., 1901, by defendant, from order of C. P. No. 5, Phila. Co., March T., 1901, No. 2475, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Frank B. Stockley, Receiver of the People’s Mutual Live Stock Insurance Company, v. Charles H. Schwerdfeger. Assumpsit for assessments on policies of a mutual live stock insurance company.

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Appeal, No. 197, Oct. T., 1901, by defendant, from order of C. P. No. 5, Phila. Co., March T., 1901, No. 2475, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Frank B. Stockley, Receiver of the People’s Mutual Live Stock Insurance Company, v. Charles H. Schwerdfeger. Assumpsit for assessments on policies of a mutual live stock insurance company. From the record it appeared that the assessments had been authorized by the court of common pleas of Dauphin county. The defendant in his affidavit of defense averred: That it is true as averred in the…

1Opinion of the Court

Opinion by

Oblady, J.,

It is averred in plaintiff’s statement, and is not denied in the affidavit of defense, that after the issuing of the policies to said defendant, the company issued over 200 policies to various persons insuring their live stock for various amounts .... upon some of which policies losses subsequently occurred. It is not alleged in the affidavit of defense that the sums paid by the defendant at the time of cancelation, January 13, 1898, and on March 1, 1898, embraced the assessments on the policies issued subsequently to those held by him.

The assessments authorized by the…

2Cases cited3 opinions

  1. Capital City Mutual Fire Insurance ex rel. Kramer v. BoggsSupreme Court of Pennsylvania · 1895
  2. Stockley v. RiebenackSuperior Court of Pennsylvania · 1899
  3. Matten v. LichtenwalnerSuperior Court of Pennsylvania · 1898

3Cited by7 opinions

  1. Backenstoe v. KlineSuperior Court of Pennsylvania · 1906
  2. International Savings & Trust Co. v. StengerSuperior Court of Pennsylvania · 1906
  3. Schock v. Penn Township Mutual Fire InsuranceSuperior Court of Pennsylvania · 1941
  4. Snader v. BombergerSuperior Court of Pennsylvania · 1902
  5. Brown v. SpackmanSuperior Court of Pennsylvania · 1905

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