Central Trust Co. v. Fidelity Mutual Life Insurance
Superior Court of Pennsylvania
Appeal, No. 114, Oct. T., 1910, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1907, No. 4,145, on verdict for plaintiff in case of Central Trust Company, Trustee, v. Fidelity Mutual Life Insurance Company. Assumpsit on a policy of life insurance. Before Kinsey, J. The opinion of the Superior Court states the case. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $445.30. Defendant appealed.
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Appeal, No. 114, Oct. T., 1910, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1907, No. 4,145, on verdict for plaintiff in case of Central Trust Company, Trustee, v. Fidelity Mutual Life Insurance Company. Assumpsit on a policy of life insurance. Before Kinsey, J. The opinion of the Superior Court states the case. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $445.30. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Rice, P. J.,
In her application, which was made part of the policy and a copy of which was attached thereto, the insured stipulated that the truthfulness of each statement therein was material to the risk, and warranted each and every statement to be full, complete and true. One of the statements was that she was born on June 4, 1847. It appears by the proofs of death, which the defendant offered in evidence generally, and the defendant also offered to prove otherwise, that the insured was born on June 4, 1844. Both of these offers were objected to and rejected on the ground that the…
2Cases cited4 opinions
- Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890
- Reagan v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1905
- Brady v. Prudential InsuranceSupreme Court of Pennsylvania · 1895
- Doll v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1902
3Cited by10 opinions
- Feierman v. Eureka Life InsuranceSupreme Court of Pennsylvania · 1924
- Ludwinska v. John Hancock Mutual Life InsuranceSupreme Court of Pennsylvania · 1935
- Sipp v. Philadelphia Life InsuranceSupreme Court of Pennsylvania · 1928
- Mayer v. Prudential Life Insurance Co. of AmericaSuperior Court of Pennsylvania · 1935
- Lawler v. Home Life Insurance Co. of AmericaSuperior Court of Pennsylvania · 1915
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