Capital City Mutual Fire Ins. v. Boggs

Citations

• 5 Pa. Super. 394
• 1897 Pa. Super. LEXIS 260

Syllabus

<p>Mutual insurance — Eights, equities and obligations of fellow members.</p> <p>The capital of a mutual insurance company is made up of the obligation of its members. Utmost good faith is essential. Membership entails not only equitable but legal obligations to the fellow members. Misunderstandings with the agent, or even his fraud, will not prevail so as to defeat the just rights and equities of fellow members.</p> <p>Appeals — Defective assignments — Rules of court — Practice, Superior Court.</p> <p>Assignments of error defective in noncompliance with Rule XVI. will not be considered.</p> <p>Appeals — Reversal of findings offad.</p> <p>The appellate court will reverse where the finding of fact by the court below is clearly not supported by the evidence.</p> <p>Contract — Fraud—Expression of opinion.</p> <p>' It is error to find a contract invalid because of fraud where alleged misrepresentations which are set up as the evidence of fraud amounted only to expression of opinions.</p> <p>Contracts-.Repudiation for fraud — Laches.</p> <p>Where it is alleged that a contract was induced by fraud it is the duty of the party alleging fraud promptly to repudiate the contract. Nonpayment of assessments arising under a mutual insurance policy does not constitute such repudiation.</p>