Smith v. National Life Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Philadelphia county: Of January Term 1883, No. 294. This was an action of assumpsit by William Hastie Smith and Isabella his wife, in the right of the wife, against the National Life Insurance Company, upon a policy of life insurance, to recover damages for the refusal of the company to issue a paid-up policy to the plaintiff.
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Error to the Court of Common Pleas No. 2, of Philadelphia county: Of January Term 1883, No. 294. This was an action of assumpsit by William Hastie Smith and Isabella his wife, in the right of the wife, against the National Life Insurance Company, upon a policy of life insurance, to recover damages for the refusal of the company to issue a paid-up policy to the plaintiff. Defendants pleaded non assumpsit, and specially that their refusal was upon the ground that certain premiums were not paid according to the terms of the policy and therefore the plaintiffs had no cause of action. The…
1Opinion of the CourtJustice Clabk
The policy in suit was issued by the National Life Insurance Company of the United States of America, on the 20th of October 1868 ; it was upon the life of William Hastie Smith, to his wife Isabella, in the sum of three thousand dollars.
The consideration of the contract, apart from the representations made in the application, was the sum of $46.59, in hand paid, and the semi-annual payment of a like sum, on or before the 20th October and April, in every year, during the continuance of the policy, until fifteen full payments were made : the last to be made on the 20th April 1883.
The policy…
2Cases cited3 opinions
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Dorr v. Phœnix Mutual Life InsuranceSupreme Judicial Court of Maine · 1877
3Cited by6 opinions
- Hesse v. Traveler's Ins. Co.Supreme Court of Pennsylvania · 1929
- Francis v. Prudential InsuranceSupreme Court of Pennsylvania · 1914
- Reynolds v. Maryland Casualty Co.Superior Court of Pennsylvania · 1906
- English v. HagerSupreme Court of Pennsylvania · 1888
- Clark v. Life Ins. Co. of VirginiaLouisiana Court of Appeal · 1935
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