Haverstick v. Penn Twp. Mut. Fire Ass'n
Supreme Court of Pennsylvania
Appeal, No. 40, Jan. T., 1893, by defendant, from judgment of C. P. Lancaster Co., June T., 1890, No. 46, on verdict for plaintiff, Henry B. Haverstick. Assumpsit on policy of fire insurance.
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Appeal, No. 40, Jan. T., 1893, by defendant, from judgment of C. P. Lancaster Co., June T., 1890, No. 46, on verdict for plaintiff, Henry B. Haverstick. Assumpsit on policy of fire insurance. At the trial, before Livingston, P. J., it appeared that the application for insurance and the by-laws were not attached to the policy as required by the act of May 11, 1881, P. L. 20. Defendant offered evidence tending to show that an assessment for 1888 of $1.70 and for 1889 of sixty-eight cents had not been paid. Defendant’s points were among others as follows : “ 1. That the association defendant,…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The plaintiff seeks to recover upon a policy of insurance against loss by fire. The action is defended on the ground that the policy is not now in force, because of the nonpayment of assessments made upon it. The policy was issued in September, 1884. The fire took place in 1890. All premiums and assessments due prior to 1888, it is admitted, were paid when demanded. It is alleged, however, and the jury have found, that an assessment made in 1888 for one dollar and seventy cents, and another made in 1889 for sixty-eight cents were unpaid when the loss occurred,…
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