Legal Opinion

Althouse v. Roth

Superior Court of Pennsylvania

Decided February 28, 1908No. Appeal, No. 254PublishedCited by 3 opinions

Appeal, No. 254, Oct. T., 1906, by defendant, from order of C. P. Berks Co., Feb. T., 1906, No. 68, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Cyrus D. Althouse, executor of the last will of Mary Roth, deceased, v. Jacob L. Roth. Assumpsit on a policy of life insurance. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 254, Oct. T., 1906, by defendant, from order of C. P. Berks Co., Feb. T., 1906, No. 68, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Cyrus D. Althouse, executor of the last will of Mary Roth, deceased, v. Jacob L. Roth. Assumpsit on a policy of life insurance. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was in making absolute rule for judgment for want of a sufficient affidavit of defense. — There is no privity of contract between the…

1Opinion of the Court

Opinion by

Porter, J.,

The plaintiff’s decedent at the time of her death held a policy of insurance in the Prudential Insurance Company of America, which contained the following covenants, to wit: “The Prudential Insurance Company of America agrees to pay . . . . unto the executors, administrators or assigns of the person named as the insured in this policy, unless settlement shall be made under the provisions of article second on the back hereof, the amount of benefit provided in the schedule herein contained and any additions thereto, within twenty-four hours after acceptance at its said…

2Cases cited2 opinions

  1. Thomas v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1892
  2. Brennan v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1895

3Cited by3 opinions

  1. Volkwein v. Volkwein, Exr.Superior Court of Pennsylvania · 1941
  2. Brewer v. WilsonCourt of Appeals of Georgia · 1938
  3. Burton's EstatePennsylvania Orphans' Court, Philadelphia County · 1934

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