Aetna Life Insurance v. Penn

SUPPLEMENTAL OPINION.

The defendant in error, upon oral announcement of the court’s opinion heretofore rendered (see Aetna Life Ins. Co. v. Penn, 16 Dec., 375), and before entry of judgment, moves the court, in accordance with the finding that the proper parties are not before it, to permit the beneficiaries to be made parties, and to remand the cause for this purpose. Counsel admits the correctness of the conclusions reached by the court as a matter of law, but claims that, as these go to the remedy only, the error of the plaintiff below in respect of the matters so found by this court are…