Legal Opinion

Riegel v. American Life Ins.

Supreme Court of Pennsylvania

Decided February 13, 1893No. Appeal, No. 71PublishedCited by 23 opinions

Appeal, No. 71, Jan. T., 1893, by plaintiff:, E. Theresa Riegel, administratrix of the estate of Jacob Riegel, deceased, from decree of C. P. No. 4, Philadelphia Co., Sept. T., 1889, No. 350, dismissing plaintiff’s bill. Bill in equity to compel the reinstatement of policy of life insurance.

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Appeal, No. 71, Jan. T., 1893, by plaintiff:, E. Theresa Riegel, administratrix of the estate of Jacob Riegel, deceased, from decree of C. P. No. 4, Philadelphia Co., Sept. T., 1889, No. 350, dismissing plaintiff’s bill. Bill in equity to compel the reinstatement of policy of life insurance. The case was before the Supreme Court on demurrer to bill, and the decision overruling the demurrer, and directing defendant to plead or answer, is reported in 140 Pa. 193. The defendant answered, denying expressly the averments of the amendment in the bill, quoted in the opinion of the Supreme Court. The…

1Opinion of the Court

Opinion bv

Mr. Justice Stebbett,

When this cause was here two years ago on appeal from decree sustaining the general demurrer and dismissing the bill, an amendment, for the purpose of clearly expressing what, at most, was only implied, was moved and allowed at bar by adding to fifth paragraph of the bill these words: “ both of the parties acting in respect to the transaction on the basis that the said Leisenring was then alive.” That defect in the bill, however, did not appear to be the ground on which the demurrer was sustained in the court below. The plaintiff’s equity, grounded on averments…

2Cases cited5 opinions

  1. Allen v. HammondSupreme Court of the United States · 1837
  2. Eaton's AppealSupreme Court of Pennsylvania · 1870
  3. Burke's AppealSupreme Court of Pennsylvania · 1882
  4. Socher's AppealSupreme Court of Pennsylvania · 1883
  5. Coleman v. RossSupreme Court of Pennsylvania · 1863

3Cited by23 opinions

  1. Braunschweiger v. WaitsSupreme Court of Pennsylvania · 1897
  2. Gantt v. Cox & Sons Co.Supreme Court of Pennsylvania · 1901
  3. Kline v. Fitzgerald Bros.Supreme Court of Pennsylvania · 1920
  4. New York Life Insurance v. Chittenden & EastmanSupreme Court of Iowa · 1907
  5. Boyd v. Aetna Life InsuranceAppellate Court of Illinois · 1941

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