Hoffman v. Whelan

Supreme Court of Pennsylvania
Hoffman v. Whelan, 160 Pa. 94 (Pa. 1894)
28 A. 498; 1894 Pa. LEXIS 771
Dean, Fell, Green, McCollum, Mitchell, Pee, Sterrett, Williams

Hoffman v. Whelan

Opinion of the Court

■Pee Curiam,

There was no error in refusing to enter judgment against •the defendant for want of a sufficient affidavit of defence.

In his statement of claim, plaintiff alleges that the assessments, which he seeks to collect, were levied for the purpose ■of paying the death losses of certain specified horses. In substance, the affidavit of defence denies the existence of any such indebtedness, and avers that at the time said assessments were made there was no such indebtedness by the company, nor is there now, and that the very claims for which said assessments were made have been paid. Assuming, as we must for the purposes of this case, that these averments are true, they con■stitute a substantial traverse of the plaintiff’s claim as presented ■in his statement.

Judgment affirmed.

Reference

Full Case Name
Hoffman, Receiver v. Whelan
Cited By
6 cases
Status
Published
Syllabus
Live stock insurance — Assessments—Affidavit of defence. In an action by tlie receiver of a live stock insurance company to recover assessments levied for the purpose of paying the death losses of certain specified horses, an affidavit of defence is sufficient which denies the existence of any such indebtedness and avers that at the time said assessments were made there was no such indebtedness by the company nor is there now, and that the very claims for which said assessments were made have been paid.