U. B. Mutual Aid Soc. v. O'Hara
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE LUZERNE COUNTY. Nos. 9 and 10 July Term 1887, Sup. Ct.; court below, Nos. 187 and 188 May Term 1882, C. P. On April 23, 1881, Bernard O’Hara, of Plymouth, obtained two policies of life insurance, or certificates of membership, in The United Brethren Mutual Aid Society, of Lebanon, Pa., each in the sum of one thousand dollars, one for the benefit of his wife, Mary T. 0’IIara, and the other for that of his son, John F. O’Hara.
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ERROR TO THE COURT OE COMMON PLEAS OE LUZERNE COUNTY. Nos. 9 and 10 July Term 1887, Sup. Ct.; court below, Nos. 187 and 188 May Term 1882, C. P. On April 23, 1881, Bernard O’Hara, of Plymouth, obtained two policies of life insurance, or certificates of membership, in The United Brethren Mutual Aid Society, of Lebanon, Pa., each in the sum of one thousand dollars, one for the benefit of his wife, Mary T. 0’IIara, and the other for that of his son, John F. O’Hara. He died the same year, December 14th, and the proper proofs were sent to the company. Payment being refused, separate suits were…
1Opinion of the Court
Opinion,
Mr. Justice Paxson:
These cases were tried together in the court below, were argued together here, and may be disposed of in one opinion. The questions are alike in each.
The actions were debt on policies of insurance. The defence was that the assured had made false answers to certain interrogatories contained in the application. In the policy or certificate of membership, it was expressly stipulated that if any answers or representations made by O’Hara, the assured, in his application, should be found in any respect untrue, then the certificate should be null and void. It was alleged…
2Cited by14 opinions
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