Legal Opinion

Sparks v. Flaccus Glass Co.

Superior Court of Pennsylvania

Decided January 22, 1901No. Appeal, No. 24PublishedCited by 6 opinions

Appeal, No. 24, Oct. T., 1900, by defendant, from order of C. P. No. 1, Phila. Co., Sept. T., 1899, No. 585, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Alfred A. Sparks, Receiver of The Fidelity Mutual Fire Insurance Company, v. C. L. Flaccus Glass Company. Assumpsit to recover the amount of an assessment of a mutual fire insurance company. Rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 24, Oct. T., 1900, by defendant, from order of C. P. No. 1, Phila. Co., Sept. T., 1899, No. 585, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Alfred A. Sparks, Receiver of The Fidelity Mutual Fire Insurance Company, v. C. L. Flaccus Glass Company. Assumpsit to recover the amount of an assessment of a mutual fire insurance company. Rule for judgment for want of a sufficient affidavit of defense. From the record it appeared that suit was brought for three annual assessments on an assessable policy of fire insurance. On the face of the…

1Opinion of the Court

Opinion by

Rice, P. J.,

This was an action to recover the amount of an assessment made by the board of directors of a mutual fire insurance com*124pany. The action was upon the contract contained in the policy, of which the by-laws formed a part, not upon the resolution. Copies of the instruments, namely, the policy and the by-laws upon which the action was founded were attached to the statement, and the facts are clearly and concisely averred therein that the losses and expenses of the plaintiff company during the time the defendant’s policy was in force necessitated the assessment, that it was…

2Cases cited4 opinions

  1. Susquehanna Mutual Fire Ins. v. OberholtzerSupreme Court of Pennsylvania · 1895
  2. Fidelity Mutual Fire Insurance v. VitaleSuperior Court of Pennsylvania · 1899
  3. Fidelity Mutual Fire Insurance v. HancockSuperior Court of Pennsylvania · 1899
  4. Sparks v. Industrial Brick Co.Superior Court of Pennsylvania · 1900

3Cited by6 opinions

  1. Moore v. LichtenbergerSuperior Court of Pennsylvania · 1904
  2. Brown v. SpackmanSuperior Court of Pennsylvania · 1905
  3. Moore v. ReifsnyderSuperior Court of Pennsylvania · 1903
  4. Schofield v. HayesSuperior Court of Pennsylvania · 1901
  5. Miller v. Interstate Casualty Co. of New YorkSuperior Court of Pennsylvania · 1901

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