Supreme Court of Pennsylvania July 1, 1858 (Sterling v. Mercantile Mutual Insurance Co. of Philadelphia)

The opinion of the court -was delivered by

Thompson, J. —

It is very clear, that the affidavit of defence in this case was insufficient. The defendant swears “ that he is informed and verily believes” that the company was insolvent during the whole of the year 1857, and that it failed five or six months before the expiration of the policy of insurance.