Legal Opinion

O'Malley v. Metropolitan Life Insurance

Superior Court of Pennsylvania

Decided July 13, 1911No. Appeal, No. 127PublishedCited by 2 opinions

Appeal, No. 127, April T., 1911, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1906, No. 734, on verdict for plaintiff in case of Sarah O’Malley v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance.

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Appeal, No. 127, April T., 1911, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1906, No. 734, on verdict for plaintiff in case of Sarah O’Malley v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. Before Kennedy, P. J. At the trial counsel for defendant offered as evidence exhibit “C,” being a certified copy of a public record, from the public record office of Ireland, being the census return for June 6, 1841, signed by the assistant deputy keeper under the seal of office, the certificate'being made in pursuance of the public records act for…

1Opinion of the Court

Opinion by

Orlady, J.,

This is an action brought by the plaintiff on a policy of insurance issued by the defendant on the life of James O’Malley. In the application'the date of the birth of the assured was given as September 19, 1849, at Westport, Ireland. The defendant alleges that the assured misstated his age at the time this application was made, and in support of this contention offered in evidence what purported to be a certified copy of a public record from the public record office of Ireland, being the census return for June 6, 1841, signed by an assistant keeper, under the seal of…

2Cases cited4 opinions

  1. American Life Insurance & Trust Co. v. RosenagleSupreme Court of Pennsylvania · 1875
  2. Bollinger v. GallagherSupreme Court of Pennsylvania · 1895
  3. Linton v. MoorheadSupreme Court of Pennsylvania · 1904
  4. Yung's EstateSupreme Court of Pennsylvania · 1901

3Cited by2 opinions

  1. Brenner v. LesherSupreme Court of Pennsylvania · 1938
  2. Hatfield v. Sovereign Camp of Woodmen of the WorldSuperior Court of Pennsylvania · 1937

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