Elliott v. Prudential Insurance Co. of America
Superior Court of Pennsylvania
Appeal, No. 114, Oct. T., 1920, by defendant from judgment of O. P. No. 4, Phila. Co., June T., 1918, No. 1128, on verdict for plaintiff in the case of Martha Elliott (Mattie Norris) v. Prudential Insurance Company of America. Assumpsit on a policy of insurance Before McCul-len, J. The facts are stated in the opinion of the Supeifior Court.
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Appeal, No. 114, Oct. T., 1920, by defendant from judgment of O. P. No. 4, Phila. Co., June T., 1918, No. 1128, on verdict for plaintiff in the case of Martha Elliott (Mattie Norris) v. Prudential Insurance Company of America. Assumpsit on a policy of insurance Before McCul-len, J. The facts are stated in the opinion of the Supeifior Court. Verdict for plaintiff for $1,062.50, the jury finding specially that the insured died October 17, 1916. Judgment was entered on the verdict. Defendant appealed. Error assigned, among others, was refusal of defendant’s motion for judgment non obstante…
1Opinion of the Court
Opinion by
Porter, J.,
This action is brought upon a policy issued by the defendant company upon the life of William J. Norris, in which the plaintiff, who was then the wife of Norris, was named as beneficiary. The plaintiff in her statement averred that William J. Norris had been absent from his last place of residence since October 17, 1909, and that he had since that date not been heard from and that, although diligent search had been made, no tidings of him had been obtained, and that, therefore, under the provisions of the statute, the insured was presumed to have died on October 17, 1916.…
2Cases cited6 opinions
- Coleman's AppealSupreme Court of Pennsylvania · 1869
- Weigley v. Coffman, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Cavanaugh v. BuehlerSupreme Court of Pennsylvania · 1888
- Baker v. Fidelity Title & Trust Co.Superior Court of Pennsylvania · 1913
- O'Hara v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1920
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Diehl v. Fidelity-Philadelphia Trust Co.Superior Court of Pennsylvania · 1949
- Moskowitz v. Prudential Insurance Co. of America, Pennsylvania Court of Common Pleas, Philadelphia County1945