Shaffer v. Spangler
Pennsylvania Court of Common Pleas, York County
No. 237 January Term 1891, Sup. Ct.; court below, No. 83 August Term 1884, C. P. In July 17, 1884, Margaret Shaffer, administratrix of the estate of Francis Shaffer, deceased, brought assumpsit against Adam Spangler, to recover certain moneys collected by the defendant upon two insurance policies on the life of said deceased. The defendant pleaded non-assumpsit, payment, etc.
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No. 237 January Term 1891, Sup. Ct.; court below, No. 83 August Term 1884, C. P. In July 17, 1884, Margaret Shaffer, administratrix of the estate of Francis Shaffer, deceased, brought assumpsit against Adam Spangler, to recover certain moneys collected by the defendant upon two insurance policies on the life of said deceased. The defendant pleaded non-assumpsit, payment, etc. At the trial, on November 12,1889, the testimony tended to show the following facts: In 1878, Francis Shaffer, the plaintiff’s intestate, was indebted to the defendant in the sum of $400. To secure that sum, and a…
1Opinion of the Court
Opinion,
Mb. Chief Justice Paxson :
The appellant was the holder of two policies of two thousand dollars each upon the life of Frank Shaffer. That he was a creditor of Shaffer at the time the first policy was taken out, to the amount of five hundred dollars, was not disputed, nor was any serious contention raised as to excess of insurance. The second policy was taken out some time after the first, and the defendant alleges that it was done at the request or suggestion of his debtor. He testified: “ Why, he (the debtor) came to me, and told me that he thought that the other policy would not pay…
2Cases cited1 opinion
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