McKown v. Manhattan Life Ins.
U.S. Circuit Court for the District of Western Pennsylvania
This was an action at law by Elizabeth C. McKown, executrix of James C. McKown, deceased, against the Manhattan life Insurance Company on a policy of life insurance. On trial, the court charged the jury orally as follows: Gentlemen of the Jury: This is an action brought by Elizabeth C. McKown, executrix of James C. McKown, deceased, against the Manhattan Eife Insurance Company.
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This was an action at law by Elizabeth C. McKown, executrix of James C. McKown, deceased, against the Manhattan life Insurance Company on a policy of life insurance. On trial, the court charged the jury orally as follows: Gentlemen of the Jury: This is an action brought by Elizabeth C. McKown, executrix of James C. McKown, deceased, against the Manhattan Eife Insurance Company. The suit is upon a policy of life insurance effected by James O. McKown, who was the husband of the plaintiff, iu the year 1883. He kept the policy alive, first by payment of annual premiums, and then by payment of…
1Opinion of the Court
ACHESON, Circuit Judge.
The policy of insurance contains a provision for deducting from the insurance money “any indebtedness on account of this policy,” but no other deduction is stipulated for. Therefore the defense to be considered is strictly that of set-off. The decision in Skiles v. Houston, 110 Pa. St. 254, 2 Atl. 30, is not controlling, as the defendant’s counsel argues. The ruling at the trial here complained of was not based wholly on Bosler v. Bank, 4 Pa. St. 32, and other cases in the same line involving the question of the allowance of a set-off where one of the demands was not…
2Cases cited2 opinions
- Skiles v. HoustonSupreme Court of Pennsylvania · 1885
- Stuart v. CommonwealthSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Laser Grain Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1918
- John Bouchard & Sons Co. v. Nashville Protestant HospitalTennessee Supreme Court · 1941
- Ladd v. Union Mut. Life Ins. Co. of MaineU.S. Circuit Court for the District of Western Missouri · 1902