Murphy v. Prudential Insurance
Superior Court of Pennsylvania
Appeal, No. 41, Jan. T., 1906, by-defendant, from judgment of C. P. Lackawanna Co., Sept. T., 1908, No. 508, on verdict for plaintiff in case of James Murphy v. Prudential Insurance Company of America. Assumpsit on a policy of life insurance. Before Edwards, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 41, Jan. T., 1906, by-defendant, from judgment of C. P. Lackawanna Co., Sept. T., 1908, No. 508, on verdict for plaintiff in case of James Murphy v. Prudential Insurance Company of America. Assumpsit on a policy of life insurance. Before Edwards, P. J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: [Now the policy being in this condition, the premiums not having been paid according to the terms of the policy, the real question in the case then is this, — did the company do something which now prevents them from defending against…
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of assumpsit on an insurance policy, issued by the defendant on the life of Patrick McNamara, and the plaintiff having recovered a judgment the defendant appealed.
After the death of McNamara the plaintiff, Murphy, brought this action, claiming to be the assignee of said policy for a valuable consideration. Upon this point we think there was sufficient evidence to warrant a finding that the plaintiff was entitled to recover, if the policy was in force at the date of the death of McNamara.
By the terms of the policy the assured was required to pay a…
2Cases cited10 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Hoffman v. John Hancock Mutual Life InsuranceSupreme Court of the United States · 1876
- Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- Lantz v. Vermont L. Ins.Supreme Court of Pennsylvania · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pyrich v. Scranton Life InsuranceSuperior Court of Pennsylvania · 1928
- Geha v. Baltimore L. Ins. Co.Superior Court of Pennsylvania · 1933
- Reynolds v. Equitable Life Assurance Society of United StatesSuperior Court of Pennsylvania · 1940
- Campbell & Setzer v. Clark & Melia, Inc.Superior Court of Pennsylvania · 1942
- Kash v. Sun Life Assur. Co. of CanadaSuperior Court of Pennsylvania · 1940
1 more not listed; retrieve them via the Exa API.