McGraw v. Metropolitan Life Insurance
Superior Court of Pennsylvania
Appeal, No. 189, April T., 1897, by defendant, from judgment of C. P. No. 1, Allegheny County, December T., 1895, No. 811, on verdict for plaintiff. Appeal from alderman. Before Collier, J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $118.13. Defendant appealed. ■ Errors assigned were (1) Refusal of binding instructions for defendant.
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Appeal, No. 189, April T., 1897, by defendant, from judgment of C. P. No. 1, Allegheny County, December T., 1895, No. 811, on verdict for plaintiff. Appeal from alderman. Before Collier, J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $118.13. Defendant appealed. ■ Errors assigned were (1) Refusal of binding instructions for defendant. (2) Refusal of defendant’s second point, which point is as follows : “ 2. The plaintiff being a niece of the insured and not living with him and having no expectation of benefit from the continuance of his…
1Opinion of the Court
Opinion by
Reeder, J.,
This was an action upon an insurance policy for $108, upon the life of Adam Neal. The defenses were two — first, that'he was not in sound health at the time of the issuance of the policy; second, that the plaintiff being a niece of the insured, not living with him, had no expectation or benefit from the continuance of his life, and therefore had no insurable interest. The error complained of is in submitting the case to the jury.
The question as to whether Adam Neal was in sound health or not was a question of fact which was fairly submitted by the court below to the jury,…
2Cases cited1 opinion
- Carpenter v. United States Life Ins.Supreme Court of Pennsylvania · 1894
3Cited by5 opinions
- Young v. HippleSupreme Court of Pennsylvania · 1922
- Connell v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1901
- Klick v. GernertSupreme Court of Pennsylvania · 1908
- Smith v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898
- Clayton v. Industrial Life InsuranceSuperior Court of Pennsylvania · 1947