Legal Opinion

Sunbury Fire Insurance v. Humble

Supreme Court of Pennsylvania

Decided October 5, 1882PublishedCited by 7 opinions

Error to the Court of Common Pleas of Schuylldll county: Of January Term 1882, No. 292. Assumpsit, by the receivers of the Sunbury Eire Insurance Company, in the name of the company, against Thomas Humble, to recover an assessment levied by the receivers, under an order of court, upon the policy-holders in the mutual department of said company, for the payment of losses by fire, and officers’ salaries.

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Error to the Court of Common Pleas of Schuylldll county: Of January Term 1882, No. 292. Assumpsit, by the receivers of the Sunbury Eire Insurance Company, in the name of the company, against Thomas Humble, to recover an assessment levied by the receivers, under an order of court, upon the policy-holders in the mutual department of said company, for the payment of losses by fire, and officers’ salaries. On the trial, before Green, J., the following facts appeared : — The company, plaintiff, was originally incorporated, March 21st 18G8 as “ The Sunbury Cattle Insurance Company.” By the act of…

1Opinion of the CourtJustice Paxson

The evidence referred to in the first assignment of error was offered for the purpose of showing that the representations made by Mr. Price in the preceding January were made by and with the authority of the plaintiff' company, and assented to by it as correct. We think the learned judge was right in admitting it. There was abundant evidence to show that the company was a fraud from its inception, and there was ample evidence to submit to the jury that it deceived its agents as to its financial condition, in order that they in turn might deceive innocent parties who desired to insure their…

2Cited by7 opinions

  1. Capital City Mutual Fire Insurance ex rel. Kramer v. BoggsSupreme Court of Pennsylvania · 1895
  2. Meyerhoff v. DanielsSupreme Court of Pennsylvania · 1896
  3. Capital City Mutual Fire Ins. v. BoggsSuperior Court of Pennsylvania · 1897
  4. Chicago Cottage Organ Co. v. McManigalSuperior Court of Pennsylvania · 1898
  5. New Era Life Ass'n v. Weigle, Pennsylvania Court of Common Pleas, York County1889

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