Kerr v. McClure
Supreme Court of Pennsylvania
Appeal, No. 81, Oct. T., 1919, by defendant, from judgment of C. P. Allegheny Co., July T., 1917, No. 1426, on verdict for plaintiff in case of Mary A. Kerr v. Samuel R. McClure. Interpleader to determine ownership of fund paid into court. Before Wásson, J. Verdict and judgment for plaintiff. Defendant appealed. Errors assigned were admission of evidence, in refusing binding instructions and judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Defendant was a creditor of plaintiff’s husband, whose life was insured in the Connecticut Mutual Life Insurance Company by three policies aggregating $7,500. The policies were in favor of plaintiff but had been assigned by her to defendant “In consideration of One Dollar or as his interest may appear.” After the death of the husband plaintiff claimed a portion of the fund and defendant claimed the whole of it, an interpleader was asked for and the court ordered the amount not in dispute to be paid to defendant, the balance paid into court, and an issue framed to…
2Cases cited3 opinions
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- Ward v. ZeiglerSupreme Court of Pennsylvania · 1926
- Bryant v. BryantSupreme Court of Pennsylvania · 1928
- Newland v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1934
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