Mechling v. Philadelphia Life Insurance
Superior Court of Pennsylvania
Appeal, No. 185, Oct. T., 1912, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1911, No. 2,713, on verdict for plaintiff in case of Frederick M. Mechling v. Philadelphia Life Insurance Company. Assumpsit to recover back moneys paid as the first annual premium on a policy of life insurance. Before Brégy, P. J. The facts are stated in the opinion of the Superior Court. See also Burns & Reilly Real Estate Co. v. Philadelphia Life Ins.
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Appeal, No. 185, Oct. T., 1912, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1911, No. 2,713, on verdict for plaintiff in case of Frederick M. Mechling v. Philadelphia Life Insurance Company. Assumpsit to recover back moneys paid as the first annual premium on a policy of life insurance. Before Brégy, P. J. The facts are stated in the opinion of the Superior Court. See also Burns & Reilly Real Estate Co. v. Philadelphia Life Ins. Co., 239 Pa. 22. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $394.55. Defendant appealed. Errors…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff brought this action to recover the amount which he had paid in advance, as the first annual premium, on a policy of insurance upon his life issued by the defendant company, upon his application for the same dated October 29, 1909. The ground upon which the plaintiff based his alleged right to recover was that one Billmier, acting as agent for the company, had at the time the application was made agreed that the amount of the annual premium paid would be returned in thirty days, unless the defendant within that time loaned the plaintiff the sum of $40,000…
2Cases cited5 opinions
- Rose v. Mutual Life Insurance of New YorkIllinois Supreme Court · 1909
- Daley v. IselinSupreme Court of Pennsylvania · 1907
- Reed v. Philadelphia Life InsuranceSuperior Court of Pennsylvania · 1912
- Pollock v. Standard Steel Car Co.Supreme Court of Pennsylvania · 1911
- Burns & Reilly Real Estate Co. v. Philadelphia Life InsuranceSupreme Court of Pennsylvania · 1913
3Cited by4 opinions
- Farmers & Breeders Mutual Reserve Fund Live Stock Insurance v. DerrSuperior Court of Pennsylvania · 1915
- Ætna Life Ins. v. ClarkSuperior Court of Pennsylvania · 1916
- Reed v. Philadelphia Life InsuranceSuperior Court of Pennsylvania · 1914
- Stankiewicz v. Heights Construction & Supply Co., Pennsylvania Court of Common Pleas, Schuylkill County1929