Wheeland v. Atwood
Supreme Court of Pennsylvania
Appeal, No. 32, Feb. T., 1898, by-defendant, from decree of Superior Court, Jan. T., 1898, No. 186, reversing judgment of C. P. Lycoming Co., March T., 1897, Ño. 470, for defendant. Appeal from Superior Court. The facts are stated in 7 Pa. Superior Ct. 86, as follows: It appears from the evidence that the Mutual Life Insurance Company of New York insured the life of Charity D. Atwood in the sum of $5,000 by a policy payable to her executors, administrators or assigns.
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Appeal, No. 32, Feb. T., 1898, by-defendant, from decree of Superior Court, Jan. T., 1898, No. 186, reversing judgment of C. P. Lycoming Co., March T., 1897, Ño. 470, for defendant. Appeal from Superior Court. The facts are stated in 7 Pa. Superior Ct. 86, as follows: It appears from the evidence that the Mutual Life Insurance Company of New York insured the life of Charity D. Atwood in the sum of $5,000 by a policy payable to her executors, administrators or assigns. On May 19, 1894, Mrs. Atwood assigned this policy to her husband, Clarence Atwood. On August 1, 1896, Clarence Atwood, the…
1Opinion of the Court
Opinion by
Mr. Justice Green,
Under the assignment of the policy in question by Mrs. Atwood to her husband, Clarence Atwood, he became the absolute owner of the policy. In 1896 he was indebted to Daniel A. Fessler in the sum of about $1,900. Being unable- to continue the payment of the premiums, according to the testimony, and desiring to pay all the debt he owed to Fessler, he made an absolute assignment of the policy to Fessler, who paid the subsequent premiums accruing on the policy. There was nothing whatever in the testimony impugning the integrity of the transaction, or showing or tending…
2Cases cited5 opinions
- Appeal of CorsonSupreme Court of Pennsylvania · 1886
- Gilbert v. Moose's AdministratorsSupreme Court of Pennsylvania · 1883
- Ulrich v. ReinoehlSupreme Court of Pennsylvania · 1891
- Grant's Administrators v. KlineSupreme Court of Pennsylvania · 1887
- Shaffer v. Spangler, Pennsylvania Court of Common Pleas, York County1891
3Cited by9 opinions
- First National Bank v. Burnside National BankSupreme Court of Pennsylvania · 1934
- Pashuck, Admr. v. Metro. Life Ins. Co.Superior Court of Pennsylvania · 1936
- Bonistalli v. BonistalliSupreme Court of Pennsylvania · 1920
- Buse & Caldwell Dissolution CaseSupreme Court of Pennsylvania · 1937
- Jimenez v. Protective Life InsuranceCalifornia Court of Appeal · 1992
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