Wood v. Standard Mutual Live Stock Insurance Baer's Appeal

Citations

• 154 Pa. 157

Syllabus

<p>Insurance company — Beceiver—-Assessments—Discretion of court.</p> <p>A decree of the common pleas ordering the receiver of a live stock mutual insurance company to collect an assessment from the members of the company will not be reversed on the ground that the assessment is excessive, where the receiver denies that the assessment is greater than is necessary to cover the purpose intended, and the Supreme Court is not convinced to the contrary.</p> <p>In such a case a very liberal allowance must be made for uncollected assessments, expenses, etc., and in the absence of evidence to the contrary the Supreme Court will assume that the lower court, in the exercise of a sound discretion, with the aid of the receiver and with the books of the company and other evidence before them, did not authorize an assessment for a greater amount than was reasonably necessary.</p>