Legal Opinion

American Life Insurance v. McAden

Supreme Court of Pennsylvania

Decided October 5, 1885No. 152PublishedCited by 29 opinions

Error to the Court of Common Pleas No. 3 oí'Philadelphia county : Of July Term 1884, No. 152. Assumpsit, by Iiufus Y. McAden and Mary F. McAden his wife in her right, against the American Life Insurance Company.

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Error to the Court of Common Pleas No. 3 oí'Philadelphia county : Of July Term 1884, No. 152. Assumpsit, by Iiufus Y. McAden and Mary F. McAden his wife in her right, against the American Life Insurance Company. The narr. was in five counts: the first four recited a policy of insurance issued by the defendant company on the life of Rufus Y. McAden, in favor of bis wife, averring that after certain premiums bad been paid and accepted, amounting to over f4000, on one occasion when a premium fell due a delay of one or two days occurred in tendering it, whereupon the defendant refused to receive…

1Opinion of the CourtJustice Clark

The evidence shows that in May, 1869, a policy of life insurance was issued by the defendant, the American Life Insurance Company, to the plaintiff, Mary F. McAden in the sum of #20,000, upon the life of her husband Rufus Y. Me-*403Aden of Charlotte, North Carolina; that the plaintiff paid premiums on this policy, in quarterly payments of $101.44, each, from its date, until in August 1879, when the company refused to accept the premium then tendered, declaring that the policy, by its terms, bad become forfeit to the company, the premium mentioned, not having been paid or tendered within the time…

2Cases cited2 opinions

  1. McKee v. Phœnix InsuranceSupreme Court of Missouri · 1859
  2. Ballou v. BillingsMassachusetts Supreme Judicial Court · 1884

3Cited by29 opinions

  1. Gibbons v. BenteSupreme Court of Minnesota · 1892
  2. Mutual Reserve Fund Life Ass'n v. FerrenbachCourt of Appeals for the Eighth Circuit · 1906
  3. Washington Life Ins. Co. v. LovejoyCourt of Appeals of Texas · 1912
  4. Supreme Council American Legion of Honor v. BatteCourt of Appeals of Texas · 1904
  5. Supreme Council A. L. H. v. BlackCourt of Appeals for the Third Circuit · 1903

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