Shuman v. Main, Beaver & Black Creek Mutual Fire Insurance

Citations

• 265 Pa. 38
• 108 A. 265
• 1919 Pa. LEXIS 491

Syllabus

<p>Insurance — Fire insurance — Waiver of default — Minutes—Parol explanation of minutes — Corporations—Affidavit of defense — Evidence.</p> <p>1. The minuteg of a corporation are prima facie evidence of the facts stated therein and of what took place, but paro.l evidence is always admissible to explain them where they are ambiguous or doubtful in meaning, or, if incomplete, to supplement and supply the omissions.</p> <p>2. Where an insured under a fire insurance policy claims that he had mailed a check in payment of an assessment, within the time prescribed by the by-laws, and that his policy was not forfeited for nonpayment of the assessment, and the directors at a meeting at which the insured was present, pass a resolution that the check which the insured claimed that he mailed on March 30, 1918, in payment of his assessment “be accepted,” and subsequently the secretary of the company accepts a cash payment of the assessment, and on May 4, 1918, the directors rescind the resolution to accept the check, the company, when sued on the policy, may show by parol evidence that the resolution of the directors was passed with the express understanding that if the check were received within a reasonable time, it should be accepted, otherwise the effect of the by-law was not to be waived. Such evidence did not destroy the effect of the minutes, but was in entire harmony with them. It amplified the resolution and made it intelligible. The time from March 30th to May 4th was a reasonable time for the receipt of the check.</p> <p>3. In such a case the cash payment accepted by the secretary was no part of the minute, nor authorized by it, and was subject to the explanation that if the check turned up within a reasonable time, the cash payment should relate back to March 30th, but that if the check did not turn up within a reasonable time, the cash payment should not so relate back, or he deemed a payment.</p> <p>4. Where, in such case, the affidavit of defense- averred that th