Collins v. Metropolitan Life Insurance
Superior Court of Pennsylvania
Appeal, No. 186, Oct. T., 1904, by-plaintiff, from order of C. P. No. 5, Phila. Co., Dec. T., 1908, No. 2985, discharging rule for judgment for want of a sufficient affidavit of defense in case of Hugh Collins, executor of Robert Kilpatrick, deceased, v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. The facts appear by the opinion of the Superior Court.
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Appeal, No. 186, Oct. T., 1904, by-plaintiff, from order of C. P. No. 5, Phila. Co., Dec. T., 1908, No. 2985, discharging rule for judgment for want of a sufficient affidavit of defense in case of Hugh Collins, executor of Robert Kilpatrick, deceased, v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. The facts appear by the opinion of the Superior Court. Error assigned was the order of the court discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff, as executor, brought an action of assumpsit on a policy of life insurance, issued by the defendant company upon the life of Robert Kilpatrick, his decedent, payable upon the death of the insured to his legal representatives. An affidavit of defense was filed to this action, which the learned judge of the court below held to be sufficient and discharged a rule for judgment, and from that order the plaintiff appeals. *355The following facts are, for the purposes of this appeal, to be taken as established.
The defendant, a life insurance company incorporated under…
2Cases cited13 opinions
- Ritter v. Mutual Life Ins. Co. of NYSupreme Court of the United States · 1898
- Burt v. Union Central Life InsuranceSupreme Court of the United States · 1902
- Mitchell v. SmithSupreme Court of Pennsylvania · 1804
- Fowler v. Scully ex rel. First National BankSupreme Court of Pennsylvania · 1873
- Hatch v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1876
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3Cited by18 opinions
- Mineo v. Eureka Security Fire & Marine InsuranceSuperior Court of Pennsylvania · 1956
- Bernier v. Pacific Mut. Life Ins. Co.Supreme Court of Louisiana · 1932
- Longenberger v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1935
- Elwood v. New England Mut. L. Ins. Co.Supreme Court of Pennsylvania · 1931
- Mayer v. Prudential Life Insurance Co. of AmericaSuperior Court of Pennsylvania · 1935
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