Hermany v. Fidelity Mut. Life Ass'n
Supreme Court of Pennsylvania
Appeal No. 234, Jan. T., 1891, by-defendant, from judgment of C. P. Lehigh Co., Sept. T., 1888, No. 24, on verdict for plaintiffs, Sarah Hermany- et al. Assumpsit on policy of life insurance. On the trial before Albright, P. J., the evidence was to the following effect: Lewis Hermany, on Jan. 6, 1887, took out a life policy payable to plaintiffs his wife and children.
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Appeal No. 234, Jan. T., 1891, by-defendant, from judgment of C. P. Lehigh Co., Sept. T., 1888, No. 24, on verdict for plaintiffs, Sarah Hermany- et al. Assumpsit on policy of life insurance. On the trial before Albright, P. J., the evidence was to the following effect: Lewis Hermany, on Jan. 6, 1887, took out a life policy payable to plaintiffs his wife and children. Notice of death was given the president of defendant company in writing, as required by the by-laws of the company. Mrs. Her-many answered the questions in a blank furnished by defendant. Drs. Shade and Erb also answered…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett,
This case hinged mainly on questions of fact which were exclusively for the consideration and determination of the jury. These questions, together with the evidence relating thereto, were fairly submitted to them by the learned president of the common pleas in a clear and comprehensive charge to which, as a whole, no just exception can be taken. A verdict having been rendered for the plaintiffs, it must now be conclusively presumed that the cardinal facts were all found in their favor; and, unless some error of law contributed to that result, the judgment should…
2Cited by25 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- Continental Fire Insurance v. WhitakerTennessee Supreme Court · 1903
- March v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898
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