Anthony v. Grier
Superior Court of Pennsylvania
Appeal, No. 15, March T., 1914, by defendants from order of C. P. Luzerne Co., Feb. T., 1913, No. 530, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Thomas Anthony v. O. K. Grier et al., trading as Prudential Mutual Fire Insurance Company. Assumpsit upon a policy of fire insurance. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 15, March T., 1914, by defendants from order of C. P. Luzerne Co., Feb. T., 1913, No. 530, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Thomas Anthony v. O. K. Grier et al., trading as Prudential Mutual Fire Insurance Company. Assumpsit upon a policy of fire insurance. Rule for judgment for want of a sufficient affidavit of defense. Strauss, J., filed the following opinion: On April 5, 1913, we directed a judgment to be entered for want of a sufficient affidavit of defense, but upon application of defendant subsequently permitted the…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff’s original and amended statements were answered by three affidavits of defense, which were considered by the court as insufficient to prevent judgment for a part of the claim with leave to proceed for the balance alleged to be due on the industrial policy of insurance on which the suit was based. It is provided in the contract that “Policies in arrear more than one month are not entitled to any benefits until renewed, as provided in art. 8, of the constitution and by-laws of this company, all of which are hereby made part of this contract, although not…
2Cases cited3 opinions
- Susquehanna Mutual Fire Ins. v. OberholtzerSupreme Court of Pennsylvania · 1895
- Muhlenberg v. Mutual Fire InsuranceSupreme Court of Pennsylvania · 1905
- Mowry v. National Protective SocietySuperior Court of Pennsylvania · 1905