Van Dyke v. Baker
Supreme Court of Pennsylvania
Appeal, No. 177, Jan. T., 1905, by plaintiff, from judgment of C. P. No. 3, Phil'a. Co., Sept. T., 1899, No. 239, on verdict for defendant in case of T. Kittera Van Dyke, Receiver of the Trust Mutual Relief Association, v. Franklin Baker, Jr. Assumpsit to recover assessments.
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Appeal, No. 177, Jan. T., 1905, by plaintiff, from judgment of C. P. No. 3, Phil'a. Co., Sept. T., 1899, No. 239, on verdict for defendant in case of T. Kittera Van Dyke, Receiver of the Trust Mutual Relief Association, v. Franklin Baker, Jr. Assumpsit to recover assessments. Before McMichael, J. . At the trial plaintiff claimed that he had been induced to become a member of the company by false statements made by its president as ,to the amount of its contingent fund- and the total worth of its insurance in force. The plaintiff alleged that equities had intervened which barred the defendant…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The first five assignments of error are predicated on the theory that the burden of proof was on the defendant to show not only that his policy of insurance was obtained by fraud, but in addition that there were no intervening equities. Fire Insurance Company v. Boggs, 172 Pa. 91, is relied on to sustain this contention. The question before the court in that case was the sufficiency of the affidavit of defense, and not the burden of proof. The affidavit of defense was held to be sufficient because it set up fraud in obtaining the contract, and also averred that…
2Cases cited2 opinions
- Capital City Mutual Fire Insurance ex rel. Kramer v. BoggsSupreme Court of Pennsylvania · 1895
- Dettra v. KestnerSupreme Court of Pennsylvania · 1892
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- Smith v. SchwartzSupreme Court of Pennsylvania · 1960
- Taggart Ins. Com. v. AllevaSuperior Court of Pennsylvania · 1932
- Tanner v. O. M. Weber Co.Superior Court of Pennsylvania · 1915
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