Cunningham v. Smith's Adm'r
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 231, to January Term 1871. This was an action of assumpsit brought March 31st 1869, by Anne Smith, administratrix, &c., of Jerome Smith, deceased, against Winthrop Cunningham, William T. Cunningham and Graham P. Cunningham, trading as W. Cunningham & Sons.
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Error to the District Court of Philadelphia: No. 231, to January Term 1871. This was an action of assumpsit brought March 31st 1869, by Anne Smith, administratrix, &c., of Jerome Smith, deceased, against Winthrop Cunningham, William T. Cunningham and Graham P. Cunningham, trading as W. Cunningham & Sons. Jerome Smith having been in his lifetime connected in business with the defendants, effected an insurance on his life with the 'Connecticut Life Insurance Company for $5000 and assigned the policy No. 88,435 to the defendants; after his death they collected the amount of the insurance. The…
1Opinion of the Court
The opinion of the court was delivered, February 8th 1872, by
Sharswood, J.
We are of opinion that the evidence offered by the plaintiff below and received by the court under exceptions, by the defendants, which forms the subject of the first three specifications of error, was irrelevant and inadmissible. More than *458that, it was calculated to distract and divert the attention of the jury from the only true point in issue, which was, whether the assignment of the policy on the life of Jerome Smith by the Connecticut Mutual Life Insurance Company, No. 88,435, to the defendants was absolute or as…
2Cited by6 opinions
- Critzer Et Ux. v. DonovanSupreme Court of Pennsylvania · 1927
- Schroth v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1924
- Baldus v. JeremiasSupreme Court of Pennsylvania · 1929
- City of Amarillo v. RustCourt of Appeals of Texas · 1933
- Girard Trust Co. v. BoydSuperior Court of Pennsylvania · 1911
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