Moore v. Everitt

Citations

• 20 Pa. Super. 13
• 1902 Pa. Super. LEXIS 174

Syllabus

<p>Insurance — Mutual insurance — Lost policy — Evidence.</p> <p>In an action by a receiver of a mutual insurance company to recover an assessment levied on a policy which the plaintiff alleged to be lost, the refusal of the court to permit plaintiff to ask a witness whether an application for insurance had been received from the defendant, is harmless error, if error at all, where the record shows that the defendant had already admitted that he liad made such an application.</p> <p>In an action to recover an assessment on a policy of mutual insurance where it appears that the original policy upon which the suit was based, was not to be offered, but that proof of the loss of the policy, and of its contents was to be made, it is not reversible error prior to such proof, to rule out a question to the plaintiff’s clerk whether pursuant to an application the company had issued a policy to the defendants. In such a case where the plaintiff’s clerk testified that she had in her own writing a copy of the written portion of the poney alleged to have been issued to the defendant, she cannot be asked to give the source from which she derived the information embodied in the written portion of the policy which she alleged that she had in copy; nor in such a case where the clerk has testified that the copy of the written portion of the alleged policy was in fact a part of the daily reports furnished by her as clerk, can the daily reports themselves be offered in evidence, since they do not purport to contain a full copy of the alleged policy; nor in such a case can the clerk be asked to state whether a policy “No. 1230 ” was mailed to the defendant, if the question is accompanied by no proof that, if such a policy was mailed, it contained the terms set out in the copy of the policy attached to the statement of claim, upon which the suit was brought, or that it contained a clause imposing liability upon the defendant for the assessment as claimed; nor in such a case can the clerk