Sargeant v. National Life Insurance
Supreme Court of Pennsylvania
Appeal, No. 173, Oct. T., 1898, by defendant, from judgment of C. P. Greene Co., Oct. T., 1896, No. 47, on verdict for plaintiff. Assumpsit on a policy of life insurance.
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Appeal, No. 173, Oct. T., 1898, by defendant, from judgment of C. P. Greene Co., Oct. T., 1896, No. 47, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Cra w-ford, P. J. At tbe trial it appeared that tbe policy contained tbe following provision: “ Death as the result of engaging in a duel, or in violation of law, and self-destruction within two years from date hereof, whether sane or insane, are not risks assumed by the company under this contract; otherwise this policy will be incontestable, except for fraud or nonpayment of premium.” On the margin of the policy was…
1Opinion of the Court
Opinion by
Mb. Justice Gbben,
On the trial of this case the defendant company offered to prove by the agent who negotiated the policy that only one premium of $182.63 was paid at the time of the delivery of the policy. It was objected to this offer (1) that the agent was an incompetent witness, and (2) that there being a printed and written receipt on the policy for the whole ten premiums, it was incompetent to contradict the receipt by parol proof.
The learned court below rejected the proffered testimony for both of these reasons, and this ruling is assigned for error. We are clearly of the…
2Cases cited6 opinions
- Jack v. DoughertySupreme Court of Pennsylvania · 1834
- American Life Insurance & Trust Co. v. ShultzSupreme Court of Pennsylvania · 1876
- Hamsher v. KlineSupreme Court of Pennsylvania · 1868
- Audenreid's AppealSupreme Court of Pennsylvania · 1879
- Strawbridge v. CartledgeSupreme Court of Pennsylvania · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Weaver v. WelshSupreme Court of Pennsylvania · 1937
- Edmundson's EstateSupreme Court of Pennsylvania · 1918
- Eaton v. N.Y. Life Ins. Co. of N.Y.Supreme Court of Pennsylvania · 1933
- Dillon's EstateSupreme Court of Pennsylvania · 1920
- McCaulif v. GriffithSuperior Court of Pennsylvania · 1933
26 more not listed; retrieve them via the Exa API.