Taussig v. United Security Life Insurance & Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 221, Jan. T., 1910, by plaintiff, from order of C. P. No. 3, Phila. Co., June T., 1908, No. 5,165, discharging rule for judgment for want of a sufficient affidavit of defense in case of Lillian M. Taussig, administratrix c. t. a. of the estate of Robert Hodgson Ball, deceased, v. The United Security Life Insurance & Trust Company. Assumpsit for money had and received. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 221, Jan. T., 1910, by plaintiff, from order of C. P. No. 3, Phila. Co., June T., 1908, No. 5,165, discharging rule for judgment for want of a sufficient affidavit of defense in case of Lillian M. Taussig, administratrix c. t. a. of the estate of Robert Hodgson Ball, deceased, v. The United Security Life Insurance & Trust Company. Assumpsit for money had and received. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the facts. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This suit was brought to recover the amount realized by the defendant company from the proceeds of an insurance policy taken out upon the life of Robert Hodgson Ball, less such premiums, payments and expenditures as the appellee was required to make or incur in connection with the transaction. The appeal comes into this court from an order of the court below refusing to enter judgment for want of a sufficient affidavit of defense. The insured decedent on October 12, 1893, at the age of forty-one, took out the policy in question, and on September 23,1895, sold it to…
2Cases cited5 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Gilbert v. Moose's AdministratorsSupreme Court of Pennsylvania · 1883
- Riner v. RinerSupreme Court of Pennsylvania · 1895
- Wheeland v. AtwoodSupreme Court of Pennsylvania · 1899
- Ruth v. KattermanSupreme Court of Pennsylvania · 1886
3Cited by6 opinions
- United Security Life Insurance v. BrownSupreme Court of Pennsylvania · 1921
- Peoples First National Bank & Trust Co. v. ChristSupreme Court of Pennsylvania · 1949
- Werenzinski v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1940
- Gibbons' EstateSupreme Court of Pennsylvania · 1938
- Steen v. LowrySuperior Court of Pennsylvania · 1925
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