American Life Insurance & Trust Co. v. Shultz
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Lancaster county: Of May Term 1876, No. 69. This was an action of assumpsit, brought by David Shultz against The American Life Insurance and Trust Company to recover damages for the refusal on the part of the company to issue to him a paid up policy, after the payment of the third premium upon a life policy effected. The defendant company pleaded non assumpsit and payment with leave, &c., non assumpsit infra sex annos.
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Error to tbe Court of Common Pleas of Lancaster county: Of May Term 1876, No. 69. This was an action of assumpsit, brought by David Shultz against The American Life Insurance and Trust Company to recover damages for the refusal on the part of the company to issue to him a paid up policy, after the payment of the third premium upon a life policy effected. The defendant company pleaded non assumpsit and payment with leave, &c., non assumpsit infra sex annos. Elisha Geiger was the agent of the company at Lancaster, and some time in the spring of 1866, upon his solicitation, Shultz signed an…
1Opinion of the CourtJustice Paxson
We do not see any merit in the first assignment of error. There is nothing in the Act of 15th of April 1869, which in terms excludes the plaintiff below as a witness. But it is contended that he comes within the spirit of the act, which was intended to produce equality, and not to open the lips of one party while those of the other were closed. The answer to this is that the deceased person, Mr. Geiger, was not a party to the contract nor to this proceeding. He was merely the agent of the insurance company, and a competent witness prior to the Act of 1869. Said act makes no one incompetent…
2Cited by18 opinions
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- McCaulif v. GriffithSuperior Court of Pennsylvania · 1933
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