Passenger Conductors' Life Ins. v. Birnbaum
Supreme Court of Pennsylvania
No. 178 July Term 1886, Sup. Ct.; court below, 387 December Term 1884, C. P. No. 3. Tbe action was in assumpsit by Sarah F. Birnbaum, widow of Charles N. Birnbaum, deceased, against The Passenger Conductors’ Life Insurance Company of the United States.
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No. 178 July Term 1886, Sup. Ct.; court below, 387 December Term 1884, C. P. No. 3. Tbe action was in assumpsit by Sarah F. Birnbaum, widow of Charles N. Birnbaum, deceased, against The Passenger Conductors’ Life Insurance Company of the United States. The declaration averred— In the first count: That Charles N. Birnbaum was a member of defendant company, and that defendant, for a sufficient consideration, “ did promise, agree and undertake to and with the said Charles N. Birnbaum,.....that if he, said Charles N. Birnbaum, should die, being still a member of defendant company and intestate,…
1Opinion of the Court
Opinion,
Mr. Justice Paxson:
We think the court below erred in instructing the jury that ■ assessment No. 117, upon the death of Skinner, was illegal.
The only testimony upon this point was that of Walker Lackey, the secretary and treasurer of the defendant company, called by the plaintiff. He said: “ At the meeting of December 5, 1882, there were present of the directors, Southwick, Gordon and Kenney. I submitted to the board at that meeting the notice I had received of the death of Richard L. Skinner. The proofs of his death not having arrived, the board directed the chairman of the board of…
2Cited by8 opinions
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- Kennedy v. Rothrock Co.Supreme Court of Pennsylvania · 1918
- Burchard v. Western Commercial Travelers Ass'nMissouri Court of Appeals · 1909
- Braker v. DeuserSuperior Court of Pennsylvania · 1912
- Rainsford v. MassengaleWyoming Supreme Court · 1894
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