Morneweck v. Western & Southern Life Insurance
Supreme Court of Pennsylvania
Appeal, No. 444, Jan. T., 1921, by plaintiff, from judgment of C. P. Crawford Co., Sept. T., 1920, No. 117, for defendant n. o. v., in case of Julia Morneweck v. Western & Southern Life Insurance Co. Assumpsit on policies of life insurance. Defendant set up a written release for an. amount less than the policies. Plaintiff relied on her own testimony alone to set aside the release, without calling the subscribing witnesses.
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Appeal, No. 444, Jan. T., 1921, by plaintiff, from judgment of C. P. Crawford Co., Sept. T., 1920, No. 117, for defendant n. o. v., in case of Julia Morneweck v. Western & Southern Life Insurance Co. Assumpsit on policies of life insurance. Defendant set up a written release for an. amount less than the policies. Plaintiff relied on her own testimony alone to set aside the release, without calling the subscribing witnesses. The jury returned a verdict for plaintiff for $10,019.08. The court entered judgment for defendant n. o. v., Prather, P. J., filing a written opinion in which he cited,…
1Opinion of the Court
Per Curiam,
Plaintiff endeavored to set aside a written release. The court below ruled that the evidence depended upon did not measure up to the required standard, citing Ralston v. Phila. R. T. Co., 267 Pa. 257. After reading the notes of testimony, we are not convinced of error.
Judgment affirmed.
2Cases cited1 opinion
- Ralston v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
3Cited by5 opinions
- Miller's EstateSupreme Court of Pennsylvania · 1924
- Milkes v. SmithCalifornia Court of Appeal · 1949
- Horsey v. CiaroroSupreme Court of Pennsylvania · 1924
- Flocker v. SirlinSuperior Court of Pennsylvania · 1931
- Hess v. Acacia Mutual Life Ass'n, Pennsylvania Court of Common Pleas, Philadelphia County1934