Riner v. Riner
Supreme Court of Pennsylvania
Appeal, No. 403, Jan. T., 1894, by defendant, from judgment of C. P. Schuylkill Co., Sept. T., 1889, No. 280, on verdict for plaintiff.- Assumpsit to recover insurance money alleged to have been wrongfully paid to defendant. At the trial, it appeared that on November 11,1879, Rebecca Riner took out a policy of life insurance for $3,000 in the Prudential Mutual Aid Society of America, making George Riner, her nephew by marriage, beneficiary in the policy.
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Appeal, No. 403, Jan. T., 1894, by defendant, from judgment of C. P. Schuylkill Co., Sept. T., 1889, No. 280, on verdict for plaintiff.- Assumpsit to recover insurance money alleged to have been wrongfully paid to defendant. At the trial, it appeared that on November 11,1879, Rebecca Riner took out a policy of life insurance for $3,000 in the Prudential Mutual Aid Society of America, making George Riner, her nephew by marriage, beneficiary in the policy. George Riner paid all the fees and charges and all the assessments, Rebecca Riner died on November 6, 1880, and on March 23, Í881, George…
1Opinion of the Court
Opinion by
Mr. Justice Green,
After a most attentive study of the very able argument of the learned counsel, for the appellant, we feel obliged to say that we regard both the questions discussed on this appeal as settled and controlled by our previous decisions. Marsteller v. Marsteller, 93 Pa. 350, decided that if no cause of action accrued prior to the death of the party entitled, the statute of limitations did not commence to run until administration was granted. In the opinion Mr. Justice Trunkey said, “A cause of action does not exist, unless there be a person in existence capable of…
2Cases cited5 opinions
- Downey v. HofferSupreme Court of Pennsylvania · 1885
- Gilbert v. Moose's AdministratorsSupreme Court of Pennsylvania · 1883
- Marsteller v. MarstellerSupreme Court of Pennsylvania · 1880
- Ruth v. KattermanSupreme Court of Pennsylvania · 1886
- Appeal of Amole's AdministratorsSupreme Court of Pennsylvania · 1887
3Cited by11 opinions
- United Security Life Insurance v. BrownSupreme Court of Pennsylvania · 1921
- Elwood's EstateSupreme Court of Pennsylvania · 1932
- Peoples First National Bank & Trust Co. v. ChristSupreme Court of Pennsylvania · 1949
- Green v. LoperSuperior Court of Delaware · 1949
- McDonald v. Wells Fargo Bank, N.A.District Court, W.D. Pennsylvania · 2019
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