Schwarzbach v. Ohio Valley Protective Union
West Virginia Supreme Court
GheeN, Judse, famishes the following statement of the case: This was an action of assumpsit brought by Sophia Schwarz-bach, widow of George Schwarzbaeh, and his infant children, John, Francisca, Gnstavus and Louis, suing by tlioir mother as their next friend, in the municipal court of "Wheeling against the Ohio Valley Protective Union, a life insurance company of Wheeling. 'The declaration was that authorized by chapter sixty-six of Acts of 1877, and was upon the liabilities…
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GheeN, Judse, famishes the following statement of the case: This was an action of assumpsit brought by Sophia Schwarz-bach, widow of George Schwarzbaeh, and his infant children, John, Francisca, Gnstavus and Louis, suing by tlioir mother as their next friend, in the municipal court of "Wheeling against the Ohio Valley Protective Union, a life insurance company of Wheeling. 'The declaration was that authorized by chapter sixty-six of Acts of 1877, and was upon the liabilities which were as follows : “ No. 2,162. |2,000. “(Chartered July 4,1878, Principal office, Wheeling, W. Va.) “ In…
1Opinion of the Court
GReen, Judge:
The first question presented by the record is: Did the municipal court of Wheeling err in overruling the motion of the defendant to exclude all the plaintiff’s evidence from the jury ? The court ought not to have excluded the plaintiff’s *642evidence from the jury on this motion of the defendant, unless regarding the- defendant, as though he was a demurrant to the plaintiff’s evidence, and the plaintiff as a demurree and considering the plaintiff’s evidence with all the favor and giving to it all the force and drawing from it all the inferences, it would be entitled to, if there had…
2Cases cited54 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Crislip v. CainWest Virginia Supreme Court · 1882
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
49 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- Supreme Lodge, Knights of Honor v. DavisSupreme Court of Colorado · 1899
- Taylor v. Baltimore & O. R.West Virginia Supreme Court · 1889
- Telford v. New York Life InsuranceCalifornia Supreme Court · 1937
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