Wall v. Royal Society of Good Fellows
Supreme Court of Pennsylvania
Appeal, No. 65, Oct. Term, 1896, by defendant, from judgment of C. P. No. 8, Allegheny Co., Feb. Term, 1894, No. 756, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Porter, J. At the trial the defendant claimed that the insured had made certain false representations in his application as to his health, and as to whether his relatives had been afflicted with consumption.
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Appeal, No. 65, Oct. Term, 1896, by defendant, from judgment of C. P. No. 8, Allegheny Co., Feb. Term, 1894, No. 756, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Porter, J. At the trial the defendant claimed that the insured had made certain false representations in his application as to his health, and as to whether his relatives had been afflicted with consumption. It was also averred that he had stated that he had not been attended by a physician within the year immediately preceding the date of his application. The material part of the policy is contained in…
1Opinion of the Court
Opinion by
Mr. Justice Green,
While it is perhaps correct to say that the defendant’s second and fourth points should have been affirmed without qualification, we do not feel that a reversal on the first and second assignments would be warranted. Prima facie, at least, the qualifications were correct, and they were harmless in any event, and are not sustained.
The third assignment is much more serious. The answer to the fifth point was a flat refusal, though accompanied by the statement that if the point had been limited to the grounds of defense alleged in the affidavit it would have been…
2Cases cited5 opinions
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Home Mutual Life Ass'n v. GillespieSupreme Court of Pennsylvania · 1885
- Commonwealth Mutual Fire Insurance v. HuntzingerSupreme Court of Pennsylvania · 1881
- United Brethren Mutual Aid Society v. WhiteSupreme Court of Pennsylvania · 1882
- Blooming Grove Mutual Fire Insurance v. McAnerneySupreme Court of Pennsylvania · 1883
3Cited by19 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Suravitz v. Prudential InsuranceSupreme Court of Pennsylvania · 1914
- March v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898
- Murphy v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1903
- McIntosh v. RoppSupreme Court of Pennsylvania · 1912
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