Barker v. Beeber
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, of Wayne county: Of July Term 1885, No. 176. Rule to show cause why judgment should not be stricken from the record, and the fi. fa. and levy thereon should not be set aside. Rule discharged except as to the levy on the defendant’s personal property. As to this the rule is made absolute.
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Error to the Court of Common Pleas, of Wayne county: Of July Term 1885, No. 176. Rule to show cause why judgment should not be stricken from the record, and the fi. fa. and levy thereon should not be set aside. Rule discharged except as to the levy on the defendant’s personal property. As to this the rule is made absolute. The defendant had insured his real estate in the Lycoming Fire Insurance Company, and had given in part payment of his premium the following deposit note:— $795.00. For value received, in Policy No. 132,464, risk commencing the 17th day of February, A. d. 1876, issued by…
1Opinion of the CourtJustice Paxson
This was a proceeding on the part of the Receiver of the Lycoming Fire Insurance Company to collect from the defendant below the amount of certain assessments upon his premium note held by said company. It was instituted under the eleventh section of the Act of 26th July, 1842, P. L., 426. The right of the company to enter judgment upon its premium notes under this Act was settled in Krugh v. The Ins. Co., 77 Penn. St. Rep., 15, and in Halfpenny v. People’s Ins. Co., 85 Id., 48. But this proceeding is in derogation of the common law rights of the insured; it gives a summary if not a harsh…
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