Van Dyke v. Baker

Citations

• 214 Pa. 168
• 63 A. 594
• 1906 Pa. LEXIS 618

Syllabus

<p>Insurance — Fire insurance — Mutual insurance — Fraud—Notice of fraud— Intervening equities.</p> <p>In an action by the,receiver of a mutual fire insurance company against a member to recover assessments, the defendant cannot set up a fraud as between the company and himself as against the rights of bona fide creditors and later members of the company, which had intervened subsequent to the date of the membership of the defendant. In such a case the burden is on the receiver to establish affirmatively the intervening equities in order that the- defense of fraud should not avail; but he is not limited to such equities as intervened only after the discovery of the fraud by the defendant. Equities are binding upon the defendant which intervened at any time after the date of his membership.</p>