Legal Opinion

Gottlieb v. Abraham Lincoln Mutual Life Insurance

Supreme Court of Pennsylvania

Decided May 24, 1909No. Appeal, No. 9PublishedCited by 5 opinions

Appeal, No. 9, Jan. T., 1909, by defendant, from order of C. P. No. 2, Phila. Co., Sept. T., 1908, No. 1,873, making absolute rule for judgment for want, of a sufficient affidavit of defense in case of Bernhard Gottlieb, Administrator of the Estate of Joseph Gottlieb, deceased, v; Abraham Lincoln Mutual Life Insurance Company. Assumpsit on a policy of life insurance. Rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 9, Jan. T., 1909, by defendant, from order of C. P. No. 2, Phila. Co., Sept. T., 1908, No. 1,873, making absolute rule for judgment for want, of a sufficient affidavit of defense in case of Bernhard Gottlieb, Administrator of the Estate of Joseph Gottlieb, deceased, v; Abraham Lincoln Mutual Life Insurance Company. Assumpsit on a policy of life insurance. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the case. The court made absolute rule for judgment for want of a sufficient affidavit of defense. Error assigned was order…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

This is an action in assumpsit on a policy of insurance. The suit was brought by the administrator of the estate of the deceased insured person. The only question raised by the pleadings is whether the insurance contract was in force at the time of the death of the insured. The contract of insurance was what is known as a twenty payment life policy. One of the conditions or privileges written into the contract is the following: “After the first premium, shall have been paid a grace of thirty days, during which the contract shall remain in force, will be allowed in…

2Cited by5 opinions

  1. Brams v. New York Life InsuranceSupreme Court of Pennsylvania · 1929
  2. Ætna Life Insurance v. PalmerSupreme Court of Georgia · 1924
  3. Goldberg v. The Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1941
  4. Sun Life Assurance Co. of Canada v. WileyCourt of Appeals of Kentucky (pre-1976) · 1935
  5. Dale v. Ætna Life Insurance, Pennsylvania Court of Common Pleas, Philadelphia County1933

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