Mullen v. Union Central Life Insurance
Supreme Court of Pennsylvania
Appeal, No. 149, Jan. T., 1897, by defendant, from judgment of C. P. Luzerne Co., Jan. T., 1898, No. 122, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Lynch, J. At the trial the plaintiff testified that he had performed services for the assured, who was his sister, for about twenty years; that he had expected to be paid although he had kept no account of them.
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Appeal, No. 149, Jan. T., 1897, by defendant, from judgment of C. P. Luzerne Co., Jan. T., 1898, No. 122, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Lynch, J. At the trial the plaintiff testified that he had performed services for the assured, who was his sister, for about twenty years; that he had expected to be paid although he had kept no account of them. He was asked this question on cross-examination: After she died did you endeavor to collect this money which you say she owed you, out of her estate ? Objected to. The Court: I do not see what that has to do…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The plaintiff was the beneficiary named in the policy, and the assured was his sister. On the trial the court, on the defendant’s request, instructed the jury that the plaintiff had no insurable interest in the life of his sister by reason of their re*155lationship. This instruction left the question of insurable interest to be determined on his evidence in support of his claim that he was a creditor of the assured. The learned court below thought, and so instructed the jury, that the evidence, if believed, was sufficient to sustain this branch of his contention. As…
2Cases cited1 opinion
- Dowling v. Merchants InsuranceSupreme Court of Pennsylvania · 1895
3Cited by15 opinions
- Suravitz v. Prudential InsuranceSupreme Court of Pennsylvania · 1914
- Kaplan v. LoevSupreme Court of Pennsylvania · 1937
- Evans v. Metropolitan Life Ins. Co.Supreme Court of Pennsylvania · 1928
- Muir v. Preferred Accident InsuranceSupreme Court of Pennsylvania · 1902
- Rudisill v. CordesSupreme Court of Pennsylvania · 1939
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