Kerns v. Prudential Insurance
Superior Court of Pennsylvania
Appeal, No. 11, March T., 1899, by defendant, from judgment of C. P. Dauphin Co., Jan. T., 1898, No. 155, on verdict for plaintiff. Opinion by Rice, P. J. Appeal from judgment of an alderman. Before McPherson, J. It appears from the record and evidence that the defendant was a joint stock company for the insurance of lives and that the plaintiff applied for insurance upon the lives of her children Anna E. and Charles, and a policy was issued on the life of each.
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Appeal, No. 11, March T., 1899, by defendant, from judgment of C. P. Dauphin Co., Jan. T., 1898, No. 155, on verdict for plaintiff. Opinion by Rice, P. J. Appeal from judgment of an alderman. Before McPherson, J. It appears from the record and evidence that the defendant was a joint stock company for the insurance of lives and that the plaintiff applied for insurance upon the lives of her children Anna E. and Charles, and a policy was issued on the life of each. Subsequently two policies were issued by the defendant to the plaintiff upon her own life. Premium receipt books accompanied the…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit to recover the premiums the plaintiff had paid on two policies of insurance held by her on the lives of her children. She claimed that she had regularly paid all the weekly dues or premiums until May, 1897; that the company through its agents, insisted, contrary to the fact that certain of these payments, amounting to thirty cents, had been made and properly applied on account of two other policies, and not on the policies in question, and therefore, this sum was still owed; that unless she paid this sum in addition to the dues then…
2Cases cited14 opinions
- Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
- Ballou v. BillingsMassachusetts Supreme Judicial Court · 1884
- Curtis v. WinstonSupreme Court of Pennsylvania · 1898
- American Life Insurance v. McAdenSupreme Court of Pennsylvania · 1885
- Commonwealth ex rel. Arrott Steam Power Mills Co. v. ArnoldSupreme Court of Pennsylvania · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Supreme Council A. L. H. v. BlackCourt of Appeals for the Third Circuit · 1903
- Gaskill v. Pittsburgh Life & Trust Co.Supreme Court of Pennsylvania · 1918
- Black v. Supreme CouncilU.S. Circuit Court for the District of Eastern Pennsylvania · 1903
- Walsh v. Aetna Life InsuranceSupreme Court of Pennsylvania · 1945
- Ellis v. Alta Friendly SocietySuperior Court of Pennsylvania · 1901
4 more not listed; retrieve them via the Exa API.