Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United Stales for the Middle District of Tennessee. This was an action at law by tiie Mechanics’ Savings Dank & Trust Company, of Nashville, Tenh., against the Penn Mutual Life Insurance Company, on a policy of insurance on the life of John Schardt. The circuit court gave judgment for the plaintiff on the verdict of a jury, and the defendant brought error.
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In Error to the Circuit Court of the United Stales for the Middle District of Tennessee. This was an action at law by tiie Mechanics’ Savings Dank & Trust Company, of Nashville, Tenh., against the Penn Mutual Life Insurance Company, on a policy of insurance on the life of John Schardt. The circuit court gave judgment for the plaintiff on the verdict of a jury, and the defendant brought error. This court heretofore affirmed the judgment (72 Fed. 413), and the defendant has now filed a petition for a rehearing.
1Opinion of the Court
TAFT, Circuit Judge.
This is a petition for rehearing by tbe plaintiff in error. Tbe action below was on a policy of life insurance, and resulted in a verdict and judgment against the defendant, the insurance company. In the opinion heretofore filed in the case we reversed the judgment of the court below for an error in excluding evidence, and for the guidance of the court below in a new trial we considered other questions upon the record. The Pennsylvania statute which controlled tin; construction of tbe policy provided, in effect, that no misrepresentation in the application should avoid the…
2Cases cited4 opinions
- Lehigh Zinc and Iron Company v. BamfordSupreme Court of the United States · 1893
- Lord v. GoddardSupreme Court of the United States · 1852
- Bullis v. NobleSupreme Court of Iowa · 1873
- Raley v. WilliamsSupreme Court of Missouri · 1880
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- Mutual Life Ins. Co. v. MandelbaumSupreme Court of Alabama · 1922
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- Johnson v. National Life InsuranceSupreme Court of Minnesota · 1913
- Pardo v. General Hospital Corp.Massachusetts Supreme Judicial Court · 2006
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