Mabrey v. Metropolitan Life Insurance
Superior Court of Pennsylvania
Appeal, No. 90, Oct. T., 1917, by defendant, from judgment of Municipal Court of Philadelphia Co., Oct. T., 1916, No. 63, for plaintiff on case tried by the court without a jury in case of Sallie C. Mabrey v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. Before Knowles, J. The case was tried without a jury, and judgment was entered for the plaintiff for $295. The evidence is summarized in the opinion of the Superior Court.
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Appeal, No. 90, Oct. T., 1917, by defendant, from judgment of Municipal Court of Philadelphia Co., Oct. T., 1916, No. 63, for plaintiff on case tried by the court without a jury in case of Sallie C. Mabrey v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. Before Knowles, J. The case was tried without a jury, and judgment was entered for the plaintiff for $295. The evidence is summarized in the opinion of the Superior Court. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff founds her right to recover upon a policy on the life of her deceased daughter, issued by the defendant company. The case was tried before a judge of the court below, without the intervention of a jury. The policy provided that no obligation was assumed by the company unless on its date the insured was “alive and in sound health,” and that the contract should be void “if the insured before its date had been rejected for insurance by this or any other company,......or has been attended by a physician for any serious disease or complaint; or has had before…
2Cases cited2 opinions
- Horne v. John Hancock Mutual Life InsuranceSuperior Court of Pennsylvania · 1913
- Clark v. Metropolitan Life Ins.Superior Court of Pennsylvania · 1916
3Cited by3 opinions
- Banca D'Italia & Trust Co. v. GiordanoSuperior Court of Pennsylvania · 1943
- Jones v. Industrial Health, Accident & Life InsuranceSuperior Court of Pennsylvania · 1936
- Kennedy v. FaushSuperior Court of Pennsylvania · 1970