Fisher v. Fidelity Mutual Life Ass'n
Supreme Court of Pennsylvania
Appeal, No. 479, Jan, T., 1897, by defendant, from judgment of C. P. No. 3, Phila. Co., Dee. T., 1896, No. 1311, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before McMichael, J. At tbe trial plaintiff offered in evidence the portion of the policy attached to his statement.
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Appeal, No. 479, Jan, T., 1897, by defendant, from judgment of C. P. No. 3, Phila. Co., Dee. T., 1896, No. 1311, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before McMichael, J. At tbe trial plaintiff offered in evidence the portion of the policy attached to his statement. The offers, objections and rulings of the court were as follows : Mr. Hancock, of counsel for plaintiff: I am offering the policy, and it is contained on the front page of this sheet alone. Objected to on the ground that the statement of claim is entirely different from the policy. By the Court: I…
1Opinion of the Court
Opinion by
Mr. Chief Justice Stebbett,
In this action, on a policy of insurance issued by the defendant association on the life of Edgar L. Fisher, the sum claimed was |5,000 with interest. It is averred in the statement of claim that “ a true and complete copy of the policy is attached to and made part hereof.” The policy on its face is asserted' to be “ subject to all the requirements hereinafter stated and conditions hereon indorsed, which are hereby referred to and made a material part of this contract;” but no such conditions were attached to plaintiff’s statement as filed. Among those…
2Cases cited3 opinions
- Insurance Co. v. HigginbothamSupreme Court of the United States · 1877
- Goldschmidt v. . Mutual Life Ins. Co.New York Court of Appeals · 1886
- Lebanon Mutual Insurance v. KeplerSupreme Court of Pennsylvania · 1884
3Cited by28 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
- Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
- Zenner v. Goetz (Travelers Ind. Co.)Supreme Court of Pennsylvania · 1936
- Baldi v. Metropolitan InsuranceSuperior Court of Pennsylvania · 1902
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