Baltimore Life Insurance v. Gleisner
Supreme Court of Pennsylvania
Appeal, No. 309, Jan. T., 1901, by plaintiff, from decree of C. P. No. 4, Phila. Co., June T., 1901, No. 4323, dismissing bill in equity in case of Baltimore Life Insurance Company v. Henry Gleisner and The Commonwealth Beneficial Association. Bill in equity for an injunction.
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Appeal, No. 309, Jan. T., 1901, by plaintiff, from decree of C. P. No. 4, Phila. Co., June T., 1901, No. 4323, dismissing bill in equity in case of Baltimore Life Insurance Company v. Henry Gleisner and The Commonwealth Beneficial Association. Bill in equity for an injunction. The bill was as follows: 1. That your orator is a corporation duly chartered by the laws of the state of Maryland and carrying on an insurance business in the commonwealth of Pennsylvania under the authority and in accordance with the laws of this commonwealth and by virtue of said charter and authority has issued…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
So far as a cause of action is stated in the bill it is one for slander or libel, and cognizable at law. It is urged that the injury is a continuing one, for which there is no accurate measure of damages, and therefore is within the province of equity. But even in that class of cases the complainant’s right must be so clear as to be practically conceded, or it must first be established by the verdict of a jury. In the present case complainant’s right of action depends on facts, the burden of proof of which is on complainant, and which necessarily are for a jury…
2Cited by12 opinions
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