Baldi v. Metropolitan Life Insurance
Superior Court of Pennsylvania
Appeal, No. 117, Oct. T., 1905, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1897, No. 741, on verdict for plaintiff in case of Charles C. A. Baldi, Administrator of the Estate of Francis Rizzo, deceased, v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. Before Wiltbank, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,455. Defendant appealed. See 18 Pa.
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Appeal, No. 117, Oct. T., 1905, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1897, No. 741, on verdict for plaintiff in case of Charles C. A. Baldi, Administrator of the Estate of Francis Rizzo, deceased, v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. Before Wiltbank, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,455. Defendant appealed. See 18 Pa. Superior Ct. 599 and 24 Pa. Superior Ct. 275. Error assigned was in not giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Rice, P. J.,
The parts of the policy, application and proofs of death, material in the consideration of the questions involved in this appeal, are set forth in the opinion filed when the case was here before, and reported in 24 Pa. Superior Ct. 275. The matter assigned for error is the refusal to direct a verdict for the defendant, the reason assigned for the request for binding instructions being, that there was proof of a breach of warranty apparent on the face of the papers. The proof of breach of warranty is claimed to consist in this: that according to the statements of the…
2Cases cited12 opinions
- Connell v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1901
- Walther v. Mutual Life InsuranceCalifornia Supreme Court · 1884
- Cummins v. German American InsuranceSupreme Court of Pennsylvania · 1899
- Kittanning Insurance v. O'NeillSupreme Court of Pennsylvania · 1885
- Baldi v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1904
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