Custer v. Fidelity Mutual Aid Ass'n
Supreme Court of Pennsylvania
Appeal, No. 352, Jan. T., 1904, by defendant, from judgment of C. P. Del. Co., March T., 1903, No. 174, on verdict for plaintiffs in case of Isaac R. Custer et al., executors of Bethel M. Custer, deceased, v. Fidelity Mutual Aid Association by the name of The Fidelity Mutual Life Insurance Company. Assumpsit on a policy of life insurance. Before Johnson, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 352, Jan. T., 1904, by defendant, from judgment of C. P. Del. Co., March T., 1903, No. 174, on verdict for plaintiffs in case of Isaac R. Custer et al., executors of Bethel M. Custer, deceased, v. Fidelity Mutual Aid Association by the name of The Fidelity Mutual Life Insurance Company. Assumpsit on a policy of life insurance. Before Johnson, P. J. The facts are stated in the opinion of the Supreme Court. At the trial the plaintiff offered in evidence the policy of insurance without a copy of the application and by-laws attached to it. An official of the company was called on…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The defendant company issued a policy of life insurance to Bethel M. Custer, for $3,000, payable to Martha H. Custer, his wife, but it was provided that “ in the event of her previous death it shall revert to the insured,' his executors, administrators, guardians or assigns.” Martha H. Custer died prior to the death of Bethel M. Custer, which occurred on Decern*259ber 14, 1902. The insurance company having refused to pay the policy, this suit was brought by the executors of Bethel M. Custer. At the trial, the plaintiffs offered in evidence the policy, and the…
2Cases cited8 opinions
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- New Era Life Ass'n v. MusserSupreme Court of Pennsylvania · 1888
- Morris v. GuffeySupreme Court of Pennsylvania · 1898
- Norristown Title Co. v. Hancock Ins.Supreme Court of Pennsylvania · 1890
- Haverstick v. Penn Twp. Mut. Fire Ass'nSupreme Court of Pennsylvania · 1893
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3Cited by5 opinions
- Layman v. Continental Assurance Co.Supreme Court of Pennsylvania · 1964
- Tudor Insurance v. Township of StoweSuperior Court of Pennsylvania · 1997
- South Side Trust Co. v. Eureka Life Ins.Superior Court of Pennsylvania · 1920
- De Roy v. New York Life Ins.District Court, W.D. Pennsylvania · 1931
- Leslie v. Peace, Pennsylvania Court of Common Pleas, Philadelphia County1951