Girard Life Insurance, Annuity & Trust Co. v. Mutual Life Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1880, No. 138. Assumpsit, by the Girard Life Insurance, Annuity and Trust Company of Philadelphia, administrators of Edward Magarge, deceased, to the use of Sarah R. Magarge, against the Mutual Life Insurance Company of New York, upon a policy of life insurance issued by the company defendant upon the life of the said Edward Magarge, deceased, for $10,000. Pleas, non assumpsit, payment, and…
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1880, No. 138. Assumpsit, by the Girard Life Insurance, Annuity and Trust Company of Philadelphia, administrators of Edward Magarge, deceased, to the use of Sarah R. Magarge, against the Mutual Life Insurance Company of New York, upon a policy of life insurance issued by the company defendant upon the life of the said Edward Magarge, deceased, for $10,000. Pleas, non assumpsit, payment, and set off, with leave, he. Replication, non solvit, no set off, and issue. The defendant company had issued another policy…
1Opinion of the CourtJustice Paxson
This record presents some questions which were not considered, when the cause was here upon a former writ of error (see 5 Norris 236). The assignments are too numerous to be discussed in detail, without extending this opinion to an unreasonable length. I will endeavor, as briefly as is consistent with the importance of the case, to indicate the principles upon which it should be ruled.
The first question relates to the proofs of death furnished the defendant. It is necessary to a proper understanding of this *22matter, that the facts, as they occurred at the trial, should be stated. The defendant…
2Cases cited9 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Franklin Fire Ins. v. CoatesCourt of Appeals of Maryland · 1859
- McMasters v. Westchester County Mutual InsuranceNew York Supreme Court · 1841
- Vos v. RobinsonNew York Supreme Court · 1812
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3Cited by35 opinions
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- Francis v. International Travelers' Ass'nCourt of Appeals of Texas · 1924
- Poch v. Equit. L. Assur. Soc.Supreme Court of Pennsylvania · 1941
- Poch v. Equitable Life Assurance Society of United StatesSupreme Court of Pennsylvania · 1941
- Wakely v. Sun Insurance Office of LondonSupreme Court of Pennsylvania · 1914
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