Sterling v. Mercantile Mutual Insurance Co. of Philadelphia
Supreme Court of Pennsylvania
Error, to the District Court of Allegheny county. These were two actions of assumpsit, brought by The Mercantile Mutual Insurance Company of Philadelphia, the one against Mark Sterling, as endorser of a premium note for $600, made by P. A. Alford, captain, and for the owners of the steamboat White Cloud; and the other against Caldwell & Brother, as endorsers of a premium note for $450, made by Mark Sterling, for the steamboat Paul Jones, and owners. . The notes sued upon…
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Error, to the District Court of Allegheny county. These were two actions of assumpsit, brought by The Mercantile Mutual Insurance Company of Philadelphia, the one against Mark Sterling, as endorser of a premium note for $600, made by P. A. Alford, captain, and for the owners of the steamboat White Cloud; and the other against Caldwell & Brother, as endorsers of a premium note for $450, made by Mark Sterling, for the steamboat Paul Jones, and owners. . The notes sued upon were as follows:— “ $600. Pittsburgh, March 4th 1857. Nine months after date, we promise to pay to the order of Mark…
1Opinion of the Court
The opinion of the court -was delivered by
Thompson, J. —
It is very clear, that the affidavit of defence in this case was insufficient. The defendant swears “ that he is informed and verily believes” that the company was insolvent during the whole of the year 1857, and that it failed five or six months before the expiration of the policy of insurance. But he does not aver, and of course could not, but that, notwithstanding an inability to pay liabilities, the assets of the company were sufficient to have paid a portion, if not the entire loss that might have occurred to the steamer “White…
2Cases cited2 opinions
- Walker v. GeisseSupreme Court of Pennsylvania · 1839
- Brown v. StreetSupreme Court of Pennsylvania · 1843
3Cited by7 opinions
- Levine v. Pittsburgh State BankSupreme Court of Pennsylvania · 1924
- Little v. ThroppSupreme Court of Pennsylvania · 1914
- Public Housing Admin. v. Housing Auth. of BogalusaSupreme Court of Louisiana · 1961
- Buck v. RossSouth Dakota Supreme Court · 1932
- Fidelity Mutual Fire Insurance v. VitaleSuperior Court of Pennsylvania · 1899
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