Girard Life Ins. v. Mutual Life Ins. Co. of New York
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1876, No. 116. Case by the Girard Life Insurance and Trust Company, administrators of Edward Magarge, deceased, against the Mutual Life Insurance Company of New York. Magarge insured his life in the defendant company on April 14th 1863, for $10,000, and agreed to pay the quarterly premium of $51, upon the 14th days of January, April, July and October of each year.
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1876, No. 116. Case by the Girard Life Insurance and Trust Company, administrators of Edward Magarge, deceased, against the Mutual Life Insurance Company of New York. Magarge insured his life in the defendant company on April 14th 1863, for $10,000, and agreed to pay the quarterly premium of $51, upon the 14th days of January, April, July and October of each year. The following were among the provisions' of the policy :— “ If the said premiums shall not be paid on or before the days .above mentioned for the…
1Opinion of the CourtJustice Trunkey
The only assignment considered well founded is the seventh, which charges error in entering nonsuit. It has not been alleged that the plaintiff’s case was defective in proof on any point other than evidence to relieve from the effect of non-payment of premiums. In determining the rightfulness of a nonsuit, for want of sufficient evidence of the claim, all that was received must be taken as true, and every inference of fact, which the jury might draw from it, in favor of the plaintiff, as admitted: Smyth v. Craig, 3 W. & S. 18.
The defendants were a foreign insurance company, doing business in…
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- New York Life Ins. Co. v. NorrisSupreme Court of Alabama · 1921
- Hicks v. Northwestern Aid Ass'nTennessee Supreme Court · 1906
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