Myers v. Keystone Mutual Life Insurance
Supreme Court of Pennsylvania
Error to tbe District Court of Allegheny county. This was an action of debt brought by Margaret II. Myers, widow of Dr. John J. Myers, against The Keystone Mutual Life Insurance Company, to recover $5000 on a policy of insurance, alleged to have been issued on the 4th April, 1854, for seven years on the life of her husband for her use.
Read the full summary
Error to tbe District Court of Allegheny county. This was an action of debt brought by Margaret II. Myers, widow of Dr. John J. Myers, against The Keystone Mutual Life Insurance Company, to recover $5000 on a policy of insurance, alleged to have been issued on the 4th April, 1854, for seven years on the life of her husband for her use. Dr. Myers in November 1853 took a risk on Ms life for $2000, and paid the first semi-annual premium thereon of $19.95. Before the expiration of the period for which the premium had been paid on this policy, he concluded to increase the risk, and to this end…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
Though we incline to think that this action is rightly brought in the name of the person for whose benefit the insurance was effected, yet, under the view that we take of the case, this is not material.
We incline also to the opinion that notwithstanding the express terms of the policy, the countersigning by the agents is not, under all circumstances, essential. On an equitable interpretation of the whole transaction, it may become the duty of the court to dispense with a portion of the forms of contract, if it can find any reliable substitute…
2Cited by6 opinions
- Curran v. National Life Insurance Co. of the United StatesSupreme Court of Pennsylvania · 1916
- St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
- Rogers v. American National InsuranceSupreme Court of Georgia · 1916
- White v. Empire State Degree of HonorSuperior Court of Pennsylvania · 1911
- Stewart v. HemphillCourt of Appeals of Texas · 1922
1 more not listed; retrieve them via the Exa API.