Marks v. Fidelity Mut. Life Ins.
Superior Court of Pennsylvania
Appeal, No. 198, Oct. T., 1917, by plaintiffs, from order of O. P. No. 5, Philadelphia Co., March T., 1916, No. 8724, discharging rule for judgment for want of a sufficient affidavit of defense in case of Albert S. Marks and Alfred Kohn, Executors of the Estate of Arnold Kohn, deceased, v. Fidelity Mut. Life Ins. Co. of Philadelphia. Assumpsit to recover the amount of a premium on a policy of life insurance alleged to have been wrongfully retained.
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Appeal, No. 198, Oct. T., 1917, by plaintiffs, from order of O. P. No. 5, Philadelphia Co., March T., 1916, No. 8724, discharging rule for judgment for want of a sufficient affidavit of defense in case of Albert S. Marks and Alfred Kohn, Executors of the Estate of Arnold Kohn, deceased, v. Fidelity Mut. Life Ins. Co. of Philadelphia. Assumpsit to recover the amount of a premium on a policy of life insurance alleged to have been wrongfully retained. Before Martin, P. J. An affidavit of defense was filed admitting the allegations contained in the statement of claim, but denying the…
1Opinion of the Court
Opinion by
Head, J.,
The question presented by this appeal is single and purely one of law. In disposing of it we are not embarrassed by the presence of any equitable or other collateral considerations. Its correct solution must depend on the application of well-established and recognized principles of law to the terms of the written contract between the parties. To ascertain how far, if at all, our conclusion should be affected by the somewhat unusual situation arising from the admitted facts, let us state them briefly.
*46The plaintiffs’ testator purchased a life insurance policy from the…
2Cases cited4 opinions
- Mutual Life Insurance Co. of New York v. Girard Life InsuranceSupreme Court of Pennsylvania · 1882
- Adams v. DunnSuperior Court of Pennsylvania · 1916
- Haines v. ElfmanSupreme Court of Pennsylvania · 1912
- Titlow v. Reliance Life InsuranceSupreme Court of Pennsylvania · 1914
3Cited by2 opinions
- Callahan v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1954
- Long v. Pilot Life Insurance CompanySupreme Court of North Carolina · 1959