Sydnor v. Metropolitan Life Insurance
Superior Court of Pennsylvania
Appeal No. 39, Oct. T., 1904, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T., 1903, No. 366, for defendant on case stated in suit of Martha Sydnor v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. Case stated. The material facts as agreed upon in the case stated are set forth in the opinion of the Superior Court. The court entered judgment for defendant on the case stated. Error assigned was the judgment of the court.
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Appeal No. 39, Oct. T., 1904, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T., 1903, No. 366, for defendant on case stated in suit of Martha Sydnor v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. Case stated. The material facts as agreed upon in the case stated are set forth in the opinion of the Superior Court. The court entered judgment for defendant on the case stated. Error assigned was the judgment of the court. This contract was not consummated, until the first premium was paid: Marland v. Royal Ins. Co., 71 Pa. 393 ; Mfg. Co. v. Fire…
1Opinion of the Court
Opinion by
Porter, J.,
The policy of insurance upon which this action is founded insured the life of Hester Baer in favor of her sister, the plaintiff ; it was duly executed on March 31, 1902, at the home office of the company in the city of New York, was tendered to the insured on April 2, 1902, but was not on that day delivered for the reason that the insured did not pay the premium, and was retained by the representative of the insurance company until April 26, 1902, upon which date the first premium was paid and the policy was delivered to the insured. The consideration for the obligation…
2Cases cited2 opinions
- Lantz v. Vermont L. Ins.Supreme Court of Pennsylvania · 1891
- Marland v. Royal InsuranceSupreme Court of Pennsylvania · 1872
3Cited by10 opinions
- Rhodes v. Royal Union Mutual Life InsuranceSuperior Court of Pennsylvania · 1914
- McDonough v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1924
- Murphy v. Prudential InsuranceSuperior Court of Pennsylvania · 1906
- Ford v. Fidelity Mut. Life Ins. Co.Supreme Court of Pennsylvania · 1934
- Kennedy v. Metropolitan Life Ins.Supreme Court of Louisiana · 1906
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