Wells v. New England Mutual Life Insurance
Supreme Court of Pennsylvania
Appeal, No. 61, Jan. T., 1899, by defendant, from judgment of C. P. Luzerne Co., May T., 1895, No. 99, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Lynch, J. On August 18, 1891, Helene Roberts, an unmarried woman, twenty-seven years old, took out a policy of life insurance in tbe defendant company.
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Appeal, No. 61, Jan. T., 1899, by defendant, from judgment of C. P. Luzerne Co., May T., 1895, No. 99, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Lynch, J. On August 18, 1891, Helene Roberts, an unmarried woman, twenty-seven years old, took out a policy of life insurance in tbe defendant company. On August 19,1891, she assigned the policy to John Welles Hollenback and L. D. Shoemaker, the use plaintiffs, to secure them for certain loans which they had made to her. On November 26, 1892, she died, being still urn married. Proofs of deaths were regularly furnished…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
We are clearly of opinion that the learned court below should have affirmed the sixth point of the defendant and directed the jury to render a verdict for the defendant. There was no dispute about the facts of the case nor any question as to the law. That the deceased woman voluntarily submitted to an operation for abortion upon her person, and that she caused it to be done *212by her own importunity to that end, and that she died from the direct effects of the operation, were established by the overwhelming testimony in the case,- without the least shade of…
2Cases cited2 opinions
- Hatch v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1876
- Morris v. State Mutual Life Assurance Co.Supreme Court of Pennsylvania · 1898
3Cited by22 opinions
- Mohn v. American Casualty Co.Supreme Court of Pennsylvania · 1974
- State v. TennysonSupreme Court of Minnesota · 1942
- O'Neill v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1942
- Snyder AppealSupreme Court of Pennsylvania · 1960
- Collins v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1905
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