Heaffer v. New Era Life Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Adams county: Of May Term 1882, No. 64. This was an action of covenant by William Heaffer against the New Era Life Insurance Company (now the New Era Life Association) on. a policy of insurance for $3,000 issued by said company, on the life of Ida Flickinger.
Read the full summary
Error to the Court of Common Pleas of Adams county: Of May Term 1882, No. 64. This was an action of covenant by William Heaffer against the New Era Life Insurance Company (now the New Era Life Association) on. a policy of insurance for $3,000 issued by said company, on the life of Ida Flickinger. At the trial before MoOlean, P. J. the plaintiff offered in evidence á policy of insurance, issued by the defendant company, January 23d 1878, on the life of Ida Flickinger for the benefit of her husband, for the sum of $3,000. This the plaintiff followed by proof of assignments of said policy, duly…
1Opinion of the CourtChief Justice Sharswood
The plaintiff had a clear right to show that he had complied with the condition of the policy in furnishing proofs of loss. Of the papers produced by the defendant, he had a right to offer such as he chose. He was not bound to offer all, certainly not such as he had not furnished himself. The judge committed a manifest error in refusing to receive some unless he offered all. This was an essential part of the plaintiff’s cause of action, and it was not incumbent on him, on it being ruled out, to go on and prove the remainder of liis case. It would have been an useless consumption of the public…
2Cited by1 opinion
- Siebelist v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1902