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HIGGS v. NEW YORK FIRE INS. CO.

176 Pa.Super. 310 (1954)

Higgs v. New York Fire Insurance Company, Appellant.

Superior Court of Pennsylvania.

July 13, 1954.

Attorney(s) appearing for the Case

Horace Michener Schell, for appellant.

Samuel Melnick, for appellees.

Before HIRT, ROSS, GUNTHER, WRIGHT, WOODSIDE and ERVIN, JJ. (RHODES, P.J., absent).

OPINION BY GUNTHER, J., July 13, 1954:

This is an action in assumpsit to recover for a loss under a fire insurance policy. The defendant filed an amended answer and new matter. Preliminary objections to the new matter were sustained by the court below, the case was declared at issue on complaint and answer, and defendant has appealed.

The plaintiffs have moved to quash the appeal on the ground that the order of the court below is interlocutory. There is no...

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