Wall v. Royal Society of Good Fellows
Supreme Court of Pennsylvania
Appeal, No. 104, Oct. T., 1898, by- defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1894, No. 756, on verdict for plaintiff. Assumpsit upon a policy of life insurance. Before Kennedy, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 104, Oct. T., 1898, by- defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1894, No. 756, on verdict for plaintiff. Assumpsit upon a policy of life insurance. Before Kennedy, P. J. The facts appear by the opinion of the Supreme Court. Defendant’s points and thé answers thereto among others were as follows: 9. Edmund F. Wall having on November 14, 1892, to the medical examiner, in answer to the question, “When last attended by a physician and for what cause,” answered, “ One year ago,” and the defendant having shown by Dr. S. L. Wiggins that he attended Edmund F. Wall…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The plaintiff has a right to the money mentioned, in the certificate provided the answers of her son, Edward Wall, to the questions addressed-to him in connection with his application for insurance are true answers. Prima facie, the answers are correct, and the burden of showing their falsity rests on the defendant company. The principal questions to which it is alleged false answers are made appear in the first, second, third, fourth and fifth assignments. The question addressed to the applicant in the first is as follows: “ When last attended by a physician,…
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