Law v. Waldron

Citations

• 230 Pa. 458
• 79 A. 647
• 1911 Pa. LEXIS 631

Syllabus

<p>Insurance — Fire insurance —• Receivers — Contracts — Principal and agent.</p> <p>1. Where a receiver is appointed to take control of all the property of a corporation and to assume the entire management of its affairs, the corporate officers are thereby suspended, and in respect of compensation for services thereafter the corporation is guilty of no breach of contract, since the order of the court operates on both parties alike and prevents the officers and agents from interfering with the receiver’s management, and performance of contracts for services to the corporation would be illegal.</p> <p>2. This rule is peculiarly applicable to an insurance company engaged in business which could not be conducted by receivers, and whose receivership is forced by large and unexpected losses, and not brought about for the purpose of ending contracts with agents.</p> <p>Affidavit of defense — Practice—Precision—Set-off.</p> <p>3. Affidavits of defense should aver the facts depended upon with reasonable precision and distinctness. Averments of set-off must be as specific as those used in a statement of claim. The defendant in respect to such a claim is the actor, and the obligation is upon him to aver his set-off in terms incapable of being misunderstood. An affidavit of defense is to be taken most strongly against the defendant, for it is to be presumed that he has made it as favorable to himself as his conscience would allow him.</p> <p>Affidavit of defense — Judgment for part appearing to be due — Act of July 15,1897, P. L. 276.</p> <p>4. Before entering judgment under the Act of July 15, 1897, P. L. 276, the court of common pleas ought to see that the items which it holds to be insufficient are enumerated in the rule for judgment or specially indicated in the written adjudication of the court.</p>