Smith v. Northwestern Mutual Life Insurance
Supreme Court of Pennsylvania
Appeal, No. 219, Jan. T., 1899, by plaintiff, from judgment of C. P. Schuylkill Co., March T., 1898, No. 245, on verdict for defendant in case of Julius Smith, Administrator of the Estate of Harry L. Smith, deceased, v. The Northwestern Mutual Life Insurance Company. Assumpsit on a policy of life insurance. Before Lyons, P. J., specially presiding. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 219, Jan. T., 1899, by plaintiff, from judgment of C. P. Schuylkill Co., March T., 1898, No. 245, on verdict for defendant in case of Julius Smith, Administrator of the Estate of Harry L. Smith, deceased, v. The Northwestern Mutual Life Insurance Company. Assumpsit on a policy of life insurance. Before Lyons, P. J., specially presiding. The facts appear by the opinion of the Supreme Court. The court charged in part as follows : We say to you that, under the uncontradieted evidence in this case, the answers to these two questions, first, “ When did you last consult a physician, and…
1Opinion of the Court
Opinion by
Mr. Justice Bbown,
The Northwestern Mutual Life Insurance Company issued its policy to Harry L. Smith on March 26, 1897, promising to pay his executors, administrators or assigns, the sum of $2,000 *316in sixty days after due proof of the fact and cause of his death. He died on May 28, 1897, the immediate cause of his death having been pulmonary congestion and suffocation. Payment was refused by the company on the ground that true answers had not been made by the deceased in his application for the insurance. His personal representative subsequently brought suit, and now complains of the…
2Cases cited5 opinions
- March v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898
- Wall v. Royal Society of Good FellowsSupreme Court of Pennsylvania · 1897
- Home Mutual Life Ass'n v. GillespieSupreme Court of Pennsylvania · 1885
- Commonwealth Mutual Fire Insurance v. HuntzingerSupreme Court of Pennsylvania · 1881
- United Brethren Mutual Aid Society v. WhiteSupreme Court of Pennsylvania · 1882
3Cited by15 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Rohm & Haas Co. v. Continental Casualty Co.Supreme Court of Pennsylvania · 2001
- Rohm & Haas Co. v. Continental Casualty Co.Superior Court of Pennsylvania · 1999
- Moncur v. Western Life Indemnity Co.Supreme Court of Pennsylvania · 1921
- Van Riper v. Equitable Life Assur. Soc. of USDistrict Court, E.D. Pennsylvania · 1982
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