Kavalkovich v. Order of Liberty

Citations

• 75 Pa. Super. 328
• 1921 Pa. Super. LEXIS 9

Syllabus

<p>Practice, 0. P. — Plaintiff’s statement — Amendment—Harmless error.</p> <p>In an action to recover amount due on a beneficial certificate, an allowance of an amendment to plaintiff’s statement, changing the date in the certificate, which was really a matter for the jury, is immaterial, when the court subsequently gave binding instructions irrespective of the amendment. The court acts properly in taking a case from the jury and directing a verdict for the plaintiff if there is no evidence to sustain the finding of a single fact that would be a defense to the plaintiff’s' claim.</p> <p>Practice, 0. P. — Defense not raised in affidavit.</p> <p>In the trial of an action on an insurance policy, the defense of partial liability under the terms of the policy will not be allowed, where no such defense is raised in the affidavit of defense.</p>