Opinion
November 21, 1932.
March 3, 1933.
Appeal No. 98, October T., 1932, by defendant from judgment of C.P., Chester County, April T., 1926, No. 122, in the case of Matthew H. Taggart, Insurance Commissioner as such Statutory Liquidator of the dissolved Mutual Live Stock Insurance Company of Montgomery County v. Tony DeFillippo, known as Tony (Toney) Fillippo.
Before TREXLER, P.J., KELLER, GAWTHROP, CUNNINGHAM, BALDRIGE, STADTFELD and PARKER, JJ. Modified.
Rule for judgment for want of a sufficient affidavit of defense in an action of assumpsit to recover assessments from a certificate holder in an insolvent mutual insurance company. Before WINDLE, J.
The facts are stated in the opinion of the Superior Court and in the case of Taggart v. Graham, 108 Pa. Super. 320.
The court made absolute the rule and sustained the plaintiff's affidavit of defense in lieu of a demurrer to a counter-claim. Defendant appealed.
Error assigned, among others, was the order of the court.
Joseph G. McKeone, and with him Truman D. Wade, for appellant.
C. Raymond Young, for appellee.
Argued November 21, 1932.
The issues involved are the same as in Taggart, Insurance Commissioner, v. Graham, No. 99, October Term, 1932, opinion filed this day, reported in 108 Pa. Super. 320.
For the reasons set forth therein, the order of the court in entering judgment for plaintiff for want of a sufficient affidavit of defense is reversed with a procedendo, and its order sustaining plaintiff's affidavit of defense in lieu of a demurrer to the counter-claim is affirmed.