Noll v. Corporation of Royal Exchange Assurance
Superior Court of Pennsylvania
Appeal, No. 13, March T., 1921, by plaintiff, from judgment of C. P. York County, April T., 1920, No. 11, making absolute rule to open judgment in the case of Edward P. Noll y. The Corporation of the Royal Exchange Assurance of London, England. Rule to open judgment. Before Wanner, P. J. The facts are stated in the opinion of the Superior Court. The court made absolute the rule to open judgment. Plaintiff appealed.
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Appeal, No. 13, March T., 1921, by plaintiff, from judgment of C. P. York County, April T., 1920, No. 11, making absolute rule to open judgment in the case of Edward P. Noll y. The Corporation of the Royal Exchange Assurance of London, England. Rule to open judgment. Before Wanner, P. J. The facts are stated in the opinion of the Superior Court. The court made absolute the rule to open judgment. Plaintiff appealed. Error assigned was the order of the court. — The discretion of courts to open judgments is extensive, but must rest upon competent evidence: Woods v. Irwin, 141 Pa. 278; Emademe v.…
1Opinion of the Court
Opinion by
Linn, J.,
Plaintiff brought suit for the amount of an insurance policy covering a one-story building and contents al* *512leged to have been destroyed by fire. He obtained judgment for want of an affidavit of defense. The judgment was opened and defendant was permitted to file an affidavit of defense and this appeal followed.
The equitable principles governing the decision of such rule have recently been stated in Fuel City Mfg. Co. v. Waynesburg Products Corporation, 268 Pa. 441. Appellant contends that the learned court below misapplied them in his case. The matter was heard on petition…
2Cases cited11 opinions
- Fuel City Mfg. Co. v. Waynesburg Products Corp.Supreme Court of Pennsylvania · 1920
- Borough v. RoehmeSupreme Court of Pennsylvania · 1900
- Carp v. Ætna Accident & Liability Co.Supreme Court of Pennsylvania · 1919
- Wakely v. Sun Insurance Office of LondonSupreme Court of Pennsylvania · 1914
- Fisher v. KingSupreme Court of Pennsylvania · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Schulwitz v. ShusterNew Jersey Superior Court Appellate Division · 1953
- Brown & Bigelow, Inc. v. BorishSuperior Court of Pennsylvania · 1949
- Kulp v. Lehigh Valley Transit Co.Superior Court of Pennsylvania · 1922
- Iron Trade Products Co. v. Wilkoff Co.Supreme Court of Pennsylvania · 1922
- DiSanto v. Dowd, Pennsylvania Court of Common Pleas, Montgomery County1958
3 more not listed; retrieve them via the Exa API.