Kerns v. New Jersey Mutual Life Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1877, No. 138. Debt by Sarah C. Kerns against the New Jersey Mutual Life Ins. Co. on a policy of life insurance for $5000 on the life of her deceased husband, Edward L. D. Kerns. The plaintiff filed a copy of the policy on which suit was brought, with an averment of the death of Kerns, and that due proof thereof had been made.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1877, No. 138. Debt by Sarah C. Kerns against the New Jersey Mutual Life Ins. Co. on a policy of life insurance for $5000 on the life of her deceased husband, Edward L. D. Kerns. The plaintiff filed a copy of the policy on which suit was brought, with an averment of the death of Kerns, and that due proof thereof had been made. The policy was dated December 4th 1874, and Kerns died October 14th 1875. Defendants, under the belief that the policy of insurance was not such an instrument as would support a judgment…
1Opinion of the Court
The judgment of the Supreme Court was entered,
2Per curiam
— The note signed by the assured for the abated premium, when the policy was delivered, is a written admission that the recital of payment in the policy was not true, and therefore could not give effect to the policy, as an actual payment would. It is not only such a written declaration of non-payment, but it is a contract of even date, qualifying the terms of the policy, and an agreement that the policy shall be without effect and surrendered, in case the note for the premium be not paid. It therefore superseded the policy to the extent of the…
3Cited by4 opinions
- Ressler v. Fidelity Mutual Life InsuranceTennessee Supreme Court · 1903
- Pan Americam Life Ins. Co. v. CarterSupreme Court of Alabama · 1918
- Kroksather v. Western Union Life InsuranceNorth Dakota Supreme Court · 1923
- Rhodes v. Royal Union Mutual Life InsuranceSuperior Court of Pennsylvania · 1914