Mutual Life Insurance Co. of New York v. Girard Life Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 4 of Philadelphia county: Of January Term 1882, No. 184. Assumpsit, by the Girard Life Insurance, Annuity and Trust Company of Philadelphia, administrators of Edwin Magarge, deceased, to the use of Sarah K. Magarge, against the Mutual Life Insurance Company of New York, to recover the amount of a policy of insurance issued by the company defendant in the sum of $10,000 upon the life of said Edwin Magarge.
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Error to the Court of Common Pleas No. 4 of Philadelphia county: Of January Term 1882, No. 184. Assumpsit, by the Girard Life Insurance, Annuity and Trust Company of Philadelphia, administrators of Edwin Magarge, deceased, to the use of Sarah K. Magarge, against the Mutual Life Insurance Company of New York, to recover the amount of a policy of insurance issued by the company defendant in the sum of $10,000 upon the life of said Edwin Magarge. The case was tried before Lynd, J., on September 20th 1875, and a non-suit awarded, on motion of defendant, which the court in banc subsequently…
1Opinion of the CourtJustice Paxson
This case has been here twice before. See 5 Norris 236, and 1 Outerbridge 15. Each time it has presented some new features -which were not covered by previous rulings. Other matters which were hotly contested, appear to have dropped out of the case. The issue has now been narrowed down to one or two points which we will proceed to dispose of without further preliminary remark.
The first question which I propose to discuss is distinctly raised b)7 the eighth assignment of error, in which it is complained that the learned judge instructed the jury “ that although the dividend was not declared…
2Cited by16 opinions
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- Elton v. Northwestern National Life InsuranceSupreme Court of Minnesota · 1934
- Mutual Life Insurance Co. of New York v. BrelandMississippi Supreme Court · 1918
- Peters v. Colonial Life Insurance Co. of AmericaSuperior Court of Pennsylvania · 1937
- Judge v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1936
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