Legal Opinion

Gilbert v. Moose's Administrators

Supreme Court of Pennsylvania

Decided May 31, 1883PublishedCited by 20 opinions

Error to the Court of Common Pleas of Adams county: Of May Term 1883, No. 10. Debt by David Moose and George A. Moose, administrators of Jacob Moose, deceased, against John G. Gilbert. .The narr. claimed the sum of $300, for money had and received by defendant to plaintiffs’ use. Plea, nil debet.

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Error to the Court of Common Pleas of Adams county: Of May Term 1883, No. 10. Debt by David Moose and George A. Moose, administrators of Jacob Moose, deceased, against John G. Gilbert. .The narr. claimed the sum of $300, for money had and received by defendant to plaintiffs’ use. Plea, nil debet. On the trial, before McLean, P. J., the following facts appeared : The Southern Pennsylvania Mutual Relief Association of Hanover, York county, Pennsylvania, was incorporated under the Act of May 1st 1876, (P. L. 61, § 37), with authority to insure lives upon the plan of assessments upon surviving…

1Opinion of the CourtJustice Gordon

Jacob Moose, in his lifetime (August 17th 1880), made application to the Southern Pennsylvania Relief Association, of Hanover, York county, for an insurance on his life, and upon this application a policy, or certificate of membership, as it is called, in the sum of $2,000, was issued for the benefit of one Peter Jacobs, an alleged grand-son of the assured. It turns out, however, that Jacobs was in no way related to Moose, being. but the son of a son’s wife; hence, having no assurable interest in the life on which the policy was issued. On the 31st of August following the date of the…

2Cases cited5 opinions

  1. Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
  2. Edgell v. M'LaughlinSupreme Court of Pennsylvania · 1841
  3. Phillips v. IvesSupreme Court of Pennsylvania · 1828
  4. Pritchet v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1803
  5. Adams v. Pennsylvania InsuranceSupreme Court of Pennsylvania · 1828

3Cited by20 opinions

  1. Gordon v. Ware Nat. BankCourt of Appeals for the Eighth Circuit · 1904
  2. Manhattan Life Ins. Co. v. CohenCourt of Appeals of Texas · 1911
  3. Carpenter v. United States Life Ins.Supreme Court of Pennsylvania · 1894
  4. McRae v. WarmackSupreme Court of Arkansas · 1911
  5. Riner v. RinerSupreme Court of Pennsylvania · 1895

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