Matlack v. Mutual Life Insurance
Supreme Court of Pennsylvania
Appeal, No. 259, Jan. T., 1896, by defendants, from decree of C. P. No. 4, Phila. Co., March T., 1893, No. 1063, on hill in equity. Bill in equity to compel the payment of the proceeds of a policy of life insurance. The case was referred to Hampton L. Carson, Esq., as master, who reported as follows : ELUDING- OE EACTS.
Read the full summary
Appeal, No. 259, Jan. T., 1896, by defendants, from decree of C. P. No. 4, Phila. Co., March T., 1893, No. 1063, on hill in equity. Bill in equity to compel the payment of the proceeds of a policy of life insurance. The case was referred to Hampton L. Carson, Esq., as master, who reported as follows : ELUDING- OE EACTS. On April 16, 1862, an application was made to the Mutual Life Insurance Company of New York by George D. G. Matlack, in the name of Theodosia Matlack, his wife, for a policy of life insurance in the amount of $5,000, to be issued upon his own. life in favor of his said wife.…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
We find nothing in the testimony in this case to sustain the conclusion that there was a conspiracy to deprive the plaintiff of the benefit of the insurance on her husband’s life, and nothing on which a finding of fraud can rest. All of the persons who in 1869 took part in the transaction now under investigation, except the plaintiff, are dead, and her knowledge of it is limited to the signing of a transfer of the policy. We are left mainly to inference in determining the intentions of the parties and the means employed to carry them out. The transaction in its…
2Cases cited4 opinions
- Girard Life Insurance, Annuity & Trust Co. v. Mutual Life InsuranceSupreme Court of Pennsylvania · 1881
- Downey v. HofferSupreme Court of Pennsylvania · 1885
- Ruth v. KattermanSupreme Court of Pennsylvania · 1886
- McAleer's AppealSupreme Court of Pennsylvania · 1881
3Cited by15 opinions
- Stetson's EstateSupreme Court of Pennsylvania · 1931
- Morris v. State Mutual Life Assurance Co.Supreme Court of Pennsylvania · 1898
- McNaughton v. Des Moines Life InsuranceWisconsin Supreme Court · 1909
- Keel v. VinyardIdaho Supreme Court · 1929
- Longenberger v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1935
10 more not listed; retrieve them via the Exa API.