Snader v. Bomberger

Citations

• 21 Pa. Super. 629
• 1902 Pa. Super. LEXIS 425

Syllabus

<p>Insurance — TAve stock insurance — Receiver—Order of assessment — Conclusiveness.</p> <p>An order of court directing the receiver of an insolvent live stock insurance company to make assessments on policies, is conclusive both as to the necessity for and the amount of the assesement, and cannot be questioned in either respect in any collateral or ancillary proceeding. A policy holder when sued for such an assessment, cannot show that the amount of the assessment was excessive, and irieluded extravagant expenditures and debts not properly chargeable to the policies in force during the period designated. All that the defendant can show are such matters of defense as are personal to himself.</p> <p>In such a case defendant will not be permitted to prove a settlement of all claims of the company against him with a certain person named, where he makes no offer to show that such person had- power to bind the company ; nor can he set off against the assessment the amount which he had paid under a former assessment made by the officers of the company. The withdrawal of the defendant does not release him from liability for losses incurred during the life of his policies.</p> <p>Where in an action to recover assessments on live stock policies of insurance the plaintiff offered in evidence the applications for insurance, and the defendant objected merely upon the ground that the application had been returned and canceled by the company, he cannot on appeal further object that copies of the application had not been attached to the policies.</p>