Helme v. Philadelphia Life Insurance
Supreme Court of Pennsylvania
Error to tbe District Court of Philadelphia: No. 295, to January Term 1868. This was an action of assumpsit to September Term 1867, brought by Georgiana Helme against The Philadelphia Life Insurance Company, to recover premiums paid on a life insurance policy, on the ground that the policy had been wrongfully forfeited.
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Error to tbe District Court of Philadelphia: No. 295, to January Term 1868. This was an action of assumpsit to September Term 1867, brought by Georgiana Helme against The Philadelphia Life Insurance Company, to recover premiums paid on a life insurance policy, on the ground that the policy had been wrongfully forfeited. The declaration contained a special count, averring a waiver of the-clause of forfeiture in the policy, and alleging as the breach the refusal to receive premiums and declaring the policy forfeited. It contained also the common counts. The policy was dated December 81st 1850,…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, by
Thompson, C. J.
The plaintiff below offered on the trial to prove a custom among life insurance companies, to allow thirty days’ grace for payment of premiums due, even where a clause of forfeiture for non-payment on the day exists. The rejection of the offer by the court forms the first bill of exceptions and assignment of error, to be considered in this case.
It might have been a difficult thing to prove such a custom, but that was not a good ground on which to refuse the offer. It w'as the plaintiff’s right to prove it if she could,…
2Cases cited4 opinions
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- Stultz v. DickeySupreme Court of Pennsylvania · 1812
- Rapp v. PalmerSupreme Court of Pennsylvania · 1834
- Overseers v. Baker's ExecutorsSupreme Court of Pennsylvania · 1834
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- Kister v. Lebanon Mutual Ins., Pennsylvania Court of Common Pleas, York County1889
- Blue Ridge Metal Manufacturing Co. v. ProctorSupreme Court of Pennsylvania · 1937
- Lantz v. Vermont L. Ins.Supreme Court of Pennsylvania · 1891
- Cotton States Life Insurance v. LesterSupreme Court of Georgia · 1879
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