Humphreys v. Nat'l Benefit Ass'n
Supreme Court of Pennsylvania
73]PPBAL BY PLAINTIFF FROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 199 October Term 1890, Sup. Ct.; court below, No. 453 April Term 1889, C. P. No. 2. ' On March 13, 1889, David Humphreys brought assumpsit against the National Benefit Association of Indianapolis, Indiana, upon a contract of insurance against accidental injuries, made by the defendant company with tbe plaintiff on September 12, 1887, by a certificate or policy bearing date that day.
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73]PPBAL BY PLAINTIFF FROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 199 October Term 1890, Sup. Ct.; court below, No. 453 April Term 1889, C. P. No. 2. ' On March 13, 1889, David Humphreys brought assumpsit against the National Benefit Association of Indianapolis, Indiana, upon a contract of insurance against accidental injuries, made by the defendant company with tbe plaintiff on September 12, 1887, by a certificate or policy bearing date that day. By said certificate, the defendant undertook, in the event of the plaintiff’s death from accidental bodily injuries, to pay “ not…
1Opinion of the Court
OpinioN,
Mr. Chief Justice Paxson :
The only assignment of error is, that the court below erred in deciding in favor of the defendant company the first reserved question, viz.: “ Is the plaintiff entitled to recover the full amount of one thousand dollars, having only one eye at the time the certificate was issued ? ”
The jury have found specially “ that, at the time plaintiff made his application and got his certificate, he had but one eye, which fact was known to Beebe, the soliciting agent of the defendant company who secured the application and policy, and to Cunningham, the general agent of…
2Cases cited5 opinions
- Foose v. . WhitmoreNew York Court of Appeals · 1880
- Grandin v. Rochester German InsuranceSupreme Court of Pennsylvania · 1884
- Burkhard v. Travellers' Insurance Co. of HartfordSupreme Court of Pennsylvania · 1883
- Teutonia Fire Insurance v. Mund ex rel. BiddleSupreme Court of Pennsylvania · 1883
- People's Insurance v. SpencerSupreme Court of Pennsylvania · 1867
3Cited by26 opinions
- Fedas v. Insurance Co. of PennsylvaniaSupreme Court of Pennsylvania · 1930
- Vrabel v. SCHOLLERSupreme Court of Pennsylvania · 1952
- Ferry v. Protective Indemnity Co. of New YorkSuperior Court of Pennsylvania · 1944
- Bole v. New Hampshire Fire Ins.Supreme Court of Pennsylvania · 1893
- Snader v. London & Lancashire Indemnity Co. of AmericaSupreme Court of Pennsylvania · 1948
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