Union Type Foundry v. Kittanning Ins.

Citations

• 138 Pa. 137
• 20 A. 841
• 1890 Pa. LEXIS 1248

Syllabus

<p>[To be reported.]</p> <p>(a) The defendant, an insurance company, issued a fire policy to “the Union Type Foundry.” In an action brought in that name on the policy, the company filed an affidavit of defence setting up a failure to furnish proper proofs of loss, and afterwards pleaded “ non-assumpsit, payment, payment with leave and the facts contained in affidavit of de-fence : ”</p> <p>1. After a compulsory arbitration under § 8, aot of June 16, 1836, P. L. 719, an appeal from the award, and several continuances of the case, it was too late to file upon the trial a plea of nul tiel corporation, thereby for the first time questioning the legal existence of the plaintiff, and such plea ought not to have been allowed: Murphy v. Chase, 103 Pa. 260.</p> <p>2. Whether, in an action brought by a corporation since the passage of the procedure act of May 25, 1887, P. L. 271, the statutory plea of non-assumpsit will put the plaintiff to formal proof of incorporation, when the want of incorporation is not pleaded by the defendant, or not in proper time, adhuc sub judice.*</p>