Grant's Administrators v. Kline
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of July Term 1886, No. 97. Assumpsit by Priscilla Grant and Adam H. Schmehl, administrators of the estate of Bertolette Grant, deceased, against Jacob Kline, deceased, to recover the amount of insurance received by him on a policy of life insurance on the life of the decedent, less the amount of premiums paid to secure and carry said policy and the amount of the debt due him by the decedent.
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Error to the Court of Common Pleas of Berks county: Of July Term 1886, No. 97. Assumpsit by Priscilla Grant and Adam H. Schmehl, administrators of the estate of Bertolette Grant, deceased, against Jacob Kline, deceased, to recover the amount of insurance received by him on a policy of life insurance on the life of the decedent, less the amount of premiums paid to secure and carry said policy and the amount of the debt due him by the decedent. Pleas, non assumpsit, with leave. The following are the facts as they appeared on the trial: In 1882, Bertolette Grant, a widower, called upon the…
1Opinion of the CourtJustice Paxson
The second assignment presents the controlling point in this case. It alleges that the court below erred in not affirming the plaintiffs’ first point. The point was as follows : The disproportion of the debts of $214 alleged to have been owing by Grantto Kline at the time of the insurance, and the amount of the insurance, viz.: $3,000, is so great as to make it merely a wagering policy, and such policy being void in law, the defendant is not entitled to hold the proceeds of the policy, and the verdict must be for the plaintiffs for the amount received by the defendant, less the assessments…
2Cited by10 opinions
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- First National Bank v. Burnside National BankSupreme Court of Pennsylvania · 1934
- Wheeland v. AtwoodSupreme Court of Pennsylvania · 1899
- Gibbons' EstateSupreme Court of Pennsylvania · 1938
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