Mengel v. Northwestern Mutual Life Insurance
Supreme Court of Pennsylvania
Appeal, No. 338, Jan. T., 1895, by-defendant, from judgment of C. P. Berks Co., Jan. T., 1894, No. 18, on verdict for plaintiff. Assumpsit on policy of life insurance. Before Ermenteout, P. J. The facts sufficiently appear by the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,537.50. Error assigned was, among others, (7) not affirming defendant’s second point, quoted in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The verdict in this case was in such flagrant disregard not only of the evidence but of the law even as laid down by the trial judge, that it is difficult to see how the court below allowed it to stand.
In his application for insurance the deceased to the question “Have you always been temperate?” answered “Yes.” The incontrovertible proof was that he had been very frequently drunk, and at least six times in the preceding five years, had required the services of a physician from that cause. He died in four months after the policy was taken out, and by plaintiff’s…
2Cited by12 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Suravitz v. Prudential InsuranceSupreme Court of Pennsylvania · 1914
- March v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898
- South Side Trust Co. v. Eureka Life Ins.Superior Court of Pennsylvania · 1920
- Supreme Lodge Knights v. FosterIndiana Court of Appeals · 1901
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