Moore v. Rohrbacker

Citations

• 30 Pa. Super. 568
• 1906 Pa. Super. LEXIS 121

Syllabus

<p>Insurance — Fire insurance — Mutual fire insurance — Assessments—Boohs—■ Evidence.</p> <p>In an action by the receiver of a mutual fire insurance company to recover assessments on a policy, the assessment book of the company is admissible in evidence where it is shown to be a book of original entries containing the record of the policy in suit along with all others issued. In such a case the book is admissible not only as a book of original entries, but also as a record of a company of which the defendant was a member.</p> <p>In an action by the receiver of an insolvent mutual fire insurance company against a member to recover assessments, the plaintiff may show evidence of previous assessments laid by the company on the policy of the defendant and paid by him without objection. In such a case the evidence is competent as showing the course of dealing between the parties to the contract indicative of its true intent and meaning as construed by themselves.</p>