Cooper v. Shaeffer
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Lebanon County to review a judgment on a verdict for tbe plaintiff in an action of assumpsit. Tbis was an action of assumpsit by Allen Sbaeffer, administrator of Daniel Weaver, deceased, against Jacob C. Cooper, to recover tbe excess of proceeds of insurance on tbe life of tbe plaintiff’s intestate paid by tbe IT. B. Mut.
Read the full summary
Error to tbe Common Pleas of Lebanon County to review a judgment on a verdict for tbe plaintiff in an action of assumpsit. Tbis was an action of assumpsit by Allen Sbaeffer, administrator of Daniel Weaver, deceased, against Jacob C. Cooper, to recover tbe excess of proceeds of insurance on tbe life of tbe plaintiff’s intestate paid by tbe IT. B. Mut. Aid Society of Lebanon, Pennsylvania, to tbe defendant, over and above tbe amount of tbe decedent’s indebtedness to tbe defendant. At the trial before McPhebsok, J., tbe following facts appeared: In 1875 Weaver being indebted to John Bloucb for…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett:
It is conceded that the policy of $3,000 on the life of Weaver was taken out and immediately assigned to Blouch, for the purpose of securing a debt of $100 due by the former to the latter. Subsequently one half interest in the policy was assigned by Blouch to plaintiff in error, but Weaver was not in any manner a party to that transaction. On the death of Weaver the insurance company, recognizing its liability for the amount insured, paid $1,800 thereof to Cooper, and the residue to Blouch.
In view of the undisputed facts, the learned judge of the common pleas…
2Cases cited2 opinions
- Appeal of CorsonSupreme Court of Pennsylvania · 1886
- Grant's Administrators v. KlineSupreme Court of Pennsylvania · 1887
3Cited by3 opinions
- Exchange Bank v. LohSupreme Court of Georgia · 1898
- Roller v. Moore's Adm'rSupreme Court of Virginia · 1889
- Alexander v. SandersSupreme Court of Alabama · 1890