Schmidt Brewing Co. v. Pittsburgh Life & Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 110, Jan. T., 1916, by defendant, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1915, No. 2282, discharging rule for inter-pleader in case of C. Schmidt & Sons Brewing Company v. Pittsburgh Life & Trust Company. Petition for leave to pay money into court and for an interpleader. Before Ferguson, J. The facts appear by the opinion of the Supreme Court. The lower court discharged the rule for leave to pay money into court and for an interpleader.
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Appeal, No. 110, Jan. T., 1916, by defendant, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1915, No. 2282, discharging rule for inter-pleader in case of C. Schmidt & Sons Brewing Company v. Pittsburgh Life & Trust Company. Petition for leave to pay money into court and for an interpleader. Before Ferguson, J. The facts appear by the opinion of the Supreme Court. The lower court discharged the rule for leave to pay money into court and for an interpleader. Defendant, appealed. Error assigned was in discharging defendant’s rule.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The Pittsburgh Life and Trust Company, the defendant, issued two policies of life insurance of $5,000 each upon the life of John F. Devlin, in which C. Schmidt & Sons Brewing Company, as creditor of the insured, was named as beneficiary. Devlin died in September, 1915, and proofs of death were duly filed with the defendant. This action was brought by the beneficiary on January 6, 1916, to recover $10,000, the proceeds of the two policies. A statement was filed with the praecipe in Avhich it was averred that interest of plaintiff as a creditor of the deceased…
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