Legal Opinion

Keystone Mutual Benefit Ass'n v. Norris ex rel. Spangler

Supreme Court of Pennsylvania

Decided March 16, 1887PublishedCited by 14 opinions

Error to the Court of Common Pleas of Lehigh county: Of January Term 1887, No. 271. This was an action of debt by Charles Norris to the use of Jacob R. Spangler against The Keystone Mutual Benefit Association on a policy of life insurance on the life of Louisa Rausch. Plea nil debet.

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Error to the Court of Common Pleas of Lehigh county: Of January Term 1887, No. 271. This was an action of debt by Charles Norris to the use of Jacob R. Spangler against The Keystone Mutual Benefit Association on a policy of life insurance on the life of Louisa Rausch. Plea nil debet. The following are the facts of the case as they appeared on the trial before Albright, P. J. On August 6th, 1878, an application for life insurance was made to The Keystone Mutual Benefit Association, which purported to have been made by Louisa Rausch, of York, Pa. The Association, on the 29th of August, 1878,…

1Opinion of the CourtJustice Gordon

Jacob R. Spangler, the use plaintiff, had no insurable interest in the life of Mrs. Rausch, hence this policy, now in suit, which was taken for his use, in the name of Charles Norris, was but a wager on Mrs. Rausch’s life, and as such void *451and of no effect. A single question and answer, selected from his own testimony, proves the nature of the transaction beyond cavil. Question: — “ And it was understood between you and Mrs. Rausch, before the insurance was taken, that it was to be taken in the name of Norris, and by Norris assigned to you ? Answer: — “ Yes sir.” If now, we admit that Norris…

2Cases cited1 opinion

  1. Warnock v. DavisSupreme Court of the United States · 1882

3Cited by14 opinions

  1. Harrison v. Hartford Fire InsuranceSupreme Court of Iowa · 1897
  2. O'Connor v. Allemannia Fire InsuranceSuperior Court of Pennsylvania · 1937
  3. Bromley's Admr. v. Washington Life Ins.Court of Appeals of Kentucky · 1906
  4. Aetna Life Insurance Company v. MessierDistrict Court, M.D. Pennsylvania · 1959
  5. Fratto v. New Amsterdam Casualty Co.Supreme Court of Pennsylvania · 1969

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