Legal Opinion

Overbeck v. Overbeck

Supreme Court of Pennsylvania

Decided January 3, 1893No. Appeal, No. 195PublishedCited by 15 opinions

Appeal, No. 195, Oct. T.,1892, by defendants, Jennie F. Overbeck et al., from judgment of C. P. Cambria Co., Sept. T., 1891, No. 235, on verdict for plaintiff, Mary Overbeck. Feigned issue to determine ownership of fund paid into court by life insurance company.

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Appeal, No. 195, Oct. T.,1892, by defendants, Jennie F. Overbeck et al., from judgment of C. P. Cambria Co., Sept. T., 1891, No. 235, on verdict for plaintiff, Mary Overbeck. Feigned issue to determine ownership of fund paid into court by life insurance company. The jury found the following special verdict: “ That a ceremony of marriage was duly performed between William H. Overbeck and Miss Jennie F. Black on the 26th of July, 1875, in the city of Philadelphia; that as the result of said marriage the following children were born: Blanch B., on the 31st of August, 1876; Sallie M., on the 8th…

1Opinion of the Court

Pee Curiam,

We need not discuss the question whethér a woman who marries a man in ignorance of the fact that he had previously contracted a legal marriage with another woman who was still in full life, and from whom he had never been divorced, has an insurable interest in his life. No such question is presented by this record. While it is clear from the facts found by the jury in their special verdict that Mary Overbeck, the appellee, was not the legal wife of William H. Overbeck, by reason of his prior marriage with the appellant, Jennie F. Overbeck, yet it also appears by the verdict that…

2Cases cited1 opinion

  1. Scott v. DicksonSupreme Court of Pennsylvania · 1885

3Cited by15 opinions

  1. Capo v. BlanchardLouisiana Court of Appeal · 1924
  2. Aetna Life Insurance Company v. MessierDistrict Court, M.D. Pennsylvania · 1959
  3. Strachan v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1947
  4. Filley v. Illinois Life InsuranceSupreme Court of Kansas · 1914
  5. Garland v. CravenSuperior Court of Pennsylvania · 1944

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