Stockley v. Riebenack
Superior Court of Pennsylvania
Appeal, No. 118, Oct. T., 1899, by iplaintiff, from order of O. P. No. 4, Pbila. Co., March T., 1899, No. 854, discharging rule for judgment 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. 118, Oct. T., 1899, by iplaintiff, from order of O. P. No. 4, Pbila. Co., March T., 1899, No. 854, discharging rule for judgment 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 defendant was a member of the People’s Mutual Live Stock Insurance Company of Pennsylvania prior to its insolvency, holding three policies therein, each of which contained the following provisions : “ Seventh. The insured agrees to pay any assessment that may be levied upon him from…
1Opinion of the Court
Opinion by
Beebeb, J.,
In the policies which the defendant secured from the plaintiff, he agreed, in the seventh clause indorsed' on them, to pay any assessment that might be levied upon them for the mortuary or expense funds. As this company was a mutual one, this clause must be held to mean that he agrees to incur the liability which the nature of the mutual company imposes on all its members. What that liability is will be found well stated *173in People’s Fire Ins. Co. v. Hartshorne, 90 Pa. 456, as follows: “The essential principle on which mutual companies are organized is that each member…
2Cases cited3 opinions
- Capital City Mutual Fire Insurance ex rel. Kramer v. BoggsSupreme Court of Pennsylvania · 1895
- Akers v. HiteSupreme Court of Pennsylvania · 1880
- Susquehanna Mut. Fire Ins. v. MardorfSupreme Court of Pennsylvania · 1892
3Cited by14 opinions
- Schofield v. LeachSuperior Court of Pennsylvania · 1900
- Leas v. HaferSuperior Court of Pennsylvania · 1909
- Stockley v. SchwerdfegerSuperior Court of Pennsylvania · 1902
- Stockley v. McClurgSuperior Court of Pennsylvania · 1900
- Moore v. LichtenbergerSuperior Court of Pennsylvania · 1904
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