Continental Insurance v. Delpeuch
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford county: Of January Term 1876, No. 36. Certified from Eastern District. This was an action of assumpsit, brought by William J. Delpeueh, executor of Yalentine Smith, deceased, against the Continental Life Insurance Company of Hartford, Connecticut, to recover $10,000, the amount of a policy of insurance upon the life of said Smith issued by the defendant company.
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Error to the Court of Common Pleas of Bradford county: Of January Term 1876, No. 36. Certified from Eastern District. This was an action of assumpsit, brought by William J. Delpeueh, executor of Yalentine Smith, deceased, against the Continental Life Insurance Company of Hartford, Connecticut, to recover $10,000, the amount of a policy of insurance upon the life of said Smith issued by the defendant company. The application was made by Smith on the 20th of December 1870, and was accepted and the policy issued on the same day by the company, at an annual premium of $448.80. It was stipulated…
1Opinion of the Court
Mr. Justice Mercur,-
delivered the opinion of the court, October 9th 1876.
If originally the rulings covered by the first and second assignments were erroneous, they were cured by the subsequent agreement. It stipulated- “ that upon the trial of said cause * * * said defendant shall not set up nor attempt to maintain any defence, *233except that the said Valentine Smith came to his death by an act of suicide.”
The plaintiff in error cannot now allege a defective service of the summons, nor an irregular award of arbitrators. In an attempt to appeal from the award, the company had neglected to give…
2Cases cited2 opinions
- Boyd v. EbySupreme Court of Pennsylvania · 1839
- Devall v. BurbridgeSupreme Court of Pennsylvania · 1843
3Cited by10 opinions
- Ford v. A. E. Dick Co.Supreme Court of Pennsylvania · 1926
- Havasy v. ResnickSuperior Court of Pennsylvania · 1992
- Aland v. PyleSupreme Court of Pennsylvania · 1919
- McShain v. Indemnity Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1940
- Philadelphia Life Insurance v. Farnsley's AdministratorCourt of Appeals of Kentucky · 1915
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