Keatley ex rel. Nixon v. Travelers' Insurance
Supreme Court of Pennsylvania
Appeal, No. 113, Jan. T., 1898, by defendant, from judgment of C. P. Huntingdon Co., Sept. T., 1897, No. 56, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Baxley, P. J. The facts appear by the opinion 'of the Supreme Court.
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Appeal, No. 113, Jan. T., 1898, by defendant, from judgment of C. P. Huntingdon Co., Sept. T., 1897, No. 56, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Baxley, P. J. The facts appear by the opinion 'of the Supreme Court. The court charged in part as follows : [Were the answers to interrogatories five and eleven untrue? If you find that they were, and that Keatley knew them to be untrue when he made them, and you also find the additional fact that they were material to the risk, there can be no recovery, and your verdict will be for the defendant. If, on the…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The defendant, on February 19, 1896, issued a policy in amount of 11,000, on the life of Edmund Keatley, for the benefit of his wife, Caroline Keatley. The first and second annual premiums were duly paid, the latter on the anniversary of the policy, February 19,1897. On May 19,1897, the insured died; due proof of death, as required by the policy, was made, but the company refusing to pay the plaintiff brought suit. At the *202trial the defendant denied liability under the contract of insurance as evidenced by the policy and application, because the insured had made…
2Cases cited1 opinion
- Hermany v. Fidelity Mut. Life Ass'nSupreme Court of Pennsylvania · 1892
3Cited by9 opinions
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- Continental Casualty Co. v. OwenSupreme Court of Oklahoma · 1913
- Barnes v. Fidelity Mutual Life Ass'nSupreme Court of Pennsylvania · 1899
- McClain v. Provident Sav. Life Assur. Soc. of New YorkCourt of Appeals for the Third Circuit · 1901
- Pendleton v. Great Southern Life Ins. Co.Supreme Court of Oklahoma · 1929
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