Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Middle District of Tennessee. This action was on a policy of insurance for $10,000 issued December 2, 1892, by the Penn Mutual Life Insurance Company to John Schardt, on his own life. Schardt died April 17, 1893, during tlie currency of tlie policy. Just before his death ho had assigned the policy to the Mechanics’ Sayings Bank of Nashville, to secure a large debt owed by him to the bank.
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In Error to the Circuit Court of the United States for the Middle District of Tennessee. This action was on a policy of insurance for $10,000 issued December 2, 1892, by the Penn Mutual Life Insurance Company to John Schardt, on his own life. Schardt died April 17, 1893, during tlie currency of tlie policy. Just before his death ho had assigned the policy to the Mechanics’ Sayings Bank of Nashville, to secure a large debt owed by him to the bank. Since his death the bank has made a general assignment for the benefit: of creditors to J. J. Pryor, for whose benefit, as assignee, this suit was…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). There can be no doubt that this policy is to be construed according to the law of Pennsylvania. It is expressly provided in the application, which is made part of the policy, that “the place of contract shall be the city of Philadelphia, state of Pennsylvania.” In Wayman v. Southard, 10 Wheat. 1-48, Chief Justice Marshall stated it to be a principle of universal law that “in every forum a contract is governed by the law with a v-iew to which it is made.” See Pritchard v. Norton, 106 U. S. 124, 136, 1 Sup. Ct. 102, and cases there cited. In this case no…
2Cases cited104 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Wayman v. SouthardSupreme Court of the United States · 1825
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Pritchard v. NortonSupreme Court of the United States · 1882
- New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
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3Cited by138 opinions
- Stipcich v. Metropolitan Life InsuranceSupreme Court of the United States · 1928
- Weiss v. United StatesCourt of Appeals for the Fifth Circuit · 1941
- United States v. Milwaukee Refrigerator Transit Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1905
- Campus Sweater & Sportswear Co. v. M. B. Kahn Construction Co.District Court, D. South Carolina · 1979
- Jefferson Standard Life Ins. Co. v. ClemmerCourt of Appeals for the Fourth Circuit · 1935
133 more not listed; retrieve them via the Exa API.