New Era Life Ass'n v. Musser
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE CUMBERLAND COUNTY. No. 435 January Term 1888, Sup. Ct.; court below, No. 448 August Term 1885, C. P. ■ An appeal was taken by the defendant from the judgment of a justice of the peace in favor of ,The New Era Life Association of 1876 against E. N. Musser, for $21.63, the amount of several assessments upon a policy of insurance for $1,000, issued to the defendant, during the life of the policy.
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ERROR TO THE COURT OE COMMON PLEAS OE CUMBERLAND COUNTY. No. 435 January Term 1888, Sup. Ct.; court below, No. 448 August Term 1885, C. P. ■ An appeal was taken by the defendant from the judgment of a justice of the peace in favor of ,The New Era Life Association of 1876 against E. N. Musser, for $21.63, the amount of several assessments upon a policy of insurance for $1,000, issued to the defendant, during the life of the policy. At the trial on December 2, 1887, the title of the cause was amended by adding to the party plaintiff, “ For the use of J. M. Weistling, receiver.” It appeared that…
1Opinion of the Court
Opinion,
Me. Justice Paxson:
We are of opinion that this case comes within the act of May 11, 1881. The policy issued to Dr. Musser had no copy of the application attached thereto, as required by that act, and,° as there was a distinct reference in the policy to the application, the learned judge committed no error in refusing the plaintiff’s first point, and in affirming the defendant’s point.
Nor have we any reason to doubt the constitutionality of the act of 1881. It does not impair in any sense the obligation of the contract between the company and the assured. It does not even impair the…
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