American Life Insurance & Trust Co. v. Rosenagle
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county: Of January Term 1874, No. 293. This'was an action of debt, brought July 26th 1867, by Valentine Rosenagle and Maria his wife, in her right, against the American Life Insurance and Trust Company.
Read the full summary
Error to the Court of Common Pleas of Luzerne county: Of January Term 1874, No. 293. This'was an action of debt, brought July 26th 1867, by Valentine Rosenagle and Maria his wife, in her right, against the American Life Insurance and Trust Company. The action was on a policy of insurance, dated January 9th 1867, issued by the defendants to Maria Ann Rosenagle, on the life of Maria Catharine Kring, who died April 19th 1867. The case was tried April 10th 1873, before Dana, J. The plaintiff gave in evidence the policy, which was accompanied by interrogatories propounded by the company to the…
1Opinion of the CourtJustice Woodward
The first error assigned in this record is based on the rejection of that part of the deposition of Francis Joseph Debold in which he said : “ By the lettersAvhieh Rosenagle and his wife addressed to me from Scranton, I came to know that she (Mrs. Maria Katharine Kring) died in the said town. Rosenagle and his wife did write to me many times, but I have not more their letters.” The decision of the court below was apparently controlled by the rule stated in 1 Greenl. Ev., sect. 88, that “ if a witness, being examined in a foreign country upon interrogatories sent out with a commission for that…
2Cases cited2 opinions
- Tilghman v. FisherSupreme Court of Pennsylvania · 1840
- Bethel v. Lloyd and OthersSupreme Court of the United States · 1759
3Cited by12 opinions
- Brenner v. LesherSupreme Court of Pennsylvania · 1938
- Pennsylvania R. R. Co. v. DriscollSupreme Court of Pennsylvania · 1939
- Laginsky v. McColloughSupreme Court of Pennsylvania · 1924
- Banco De Sonora v. Bankers' Mut. Casualty Co.Supreme Court of Iowa · 1904
- Pennsylvania Railroad v. DriscollSupreme Court of Pennsylvania · 1939
7 more not listed; retrieve them via the Exa API.