West Branch Insurance Co. v. Macklin

• Court: Pennsylvania Supreme Court
• Writing for the Court: Sharswood
• Citation: West Branch Insurance Co. v. Macklin, 66 Pa. 34 (Pa. 1870)
• Decision Date: 07 July 1870
• Parties: The West Branch Insurance Co. <I>versus</I> Macklin.

66 Pa. 34

The West Branch Insurance Co. versus Macklin.

Supreme Court of Pennsylvania.

March 18, 1870.

July 7, 1870.

March 18th 1870.

Before THOMPSON, C. J., READ, AGNEW and SHARSWOOD, JJ.

Error to the Court of Common Pleas of Mifflin county: No. 105, to May Term 1870.

COPYRIGHT MATERIAL OMITTED

A. Reed, for plaintiffs in error.—The assignment was the declaration of every member of the company that there had been losses; it being the act of all, and therefore evidence against defendants: Diehl v. Adams Co. M. Ins. Co., 8 P. F. Smith 443. The statement of 1863 was not evidence of the condition of the company when the assessments were made. The company was bound to assess enough to pay losses: Rhinehart v. Allegheny M. Ins. Co., 1 Barr 359; Coston v. Same, Id. 322.

Uttley, Woods and Elder, for defendants in error.

The opinion of the court was delivered, July 7th 1870, by SHARSWOOD, J.

This was an action commenced originally before a justice of the peace to recover the amount of two assessments made on the defendants, who were members of the company plaintiffs, on their premium-notes. These notes promised to pay the sums mentioned "in such portions and at such times as the directors of said company may agreeably to their act of incorporation require." By the act of incorporation passed April 12th 1855, Pamph. L. of 1856, p. 648, it is provided that the premium-notes "shall be paid at such time or times, and in such sum or sums, as the corporation shall from time to time require." By the ninth section it is declared "that every member of said company shall be bound to pay for losses and such necessary expenses as aforesaid accruing in and to said company, in proportion to the amount of his deposit-note; and suits at law may be maintained by said corporation against any of its members for the collection of said deposit-notes or any assessment thereon," and by the tenth section "whenever an assessment is made on any premium-note given to this company in consideration for any policy of insurance issued by said company, and an action is brought for the recovery of such assessments, the certificate of the secretary, specifying the assessment and the amount due on such note by means thereof, shall be taken and received as primâ facie evidence thereof in all courts of this Commonwealth."

By the certificates of the secretary of the company, which were given in evidence by the plaintiffs, it appeared that the assessments now sued for were made...