Knecht v. Mutual Life Ins. Co. of New York
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: Of January Term 1879, No. 253. Amicable action of assumpsit, by A. S. Knecht, administrator of Abram E. Eangboner, deceased, against the Mutual Life Insurance Company of New York, wherein the following case was stated for the opinion of the court: That in January 1868, the deceased applied to the defendant for a policy of insurance upon his life, the application, among other clauses, containing the following: “And the…
Read the full summary
Error to the Court of Common Pleas of Northampton county: Of January Term 1879, No. 253. Amicable action of assumpsit, by A. S. Knecht, administrator of Abram E. Eangboner, deceased, against the Mutual Life Insurance Company of New York, wherein the following case was stated for the opinion of the court: That in January 1868, the deceased applied to the defendant for a policy of insurance upon his life, the application, among other clauses, containing the following: “And the said Abram F. Fang-boner further declares that he is not now afflicted with any disease or disorder, and that he does…
1Opinion of the CourtJustice Paxson
It is not alleged that in his application for insurance the insured made any false representation of an existing fact. What he did declare was, “that he is not now afflicted with any disease or disorder, and that he does not now, nor will he, practise any pernicious habit that obviously tends to the shortening of life.” The case stated sets forth, “ That at the times of making the aforesaid application for insurance, the said Abram F. Fangboner was of correct and temperate habits; that some years after the issuing of said policy he became addicted to the use of intoxicating drinks, from the…
2Cited by1 opinion
- Orth v. West View Oil Co.Supreme Court of Pennsylvania · 1893