Metropolitan Life Insurance v. Drach
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1 of Allegheny county: Of October Term 1882, No. 97. Debt, by Catharine Drach, administratrix of Christian Drach, deceased, against the Metropolitan Life Insurance Company, upon a policy of life insurance. Judgment was entered by the court for the plaintiff upon demurrer to the narr. The said pleadings and judgment were as follows: Narr. Allegheney County, ss.
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Error to the Court of Common Pleas No. 1 of Allegheny county: Of October Term 1882, No. 97. Debt, by Catharine Drach, administratrix of Christian Drach, deceased, against the Metropolitan Life Insurance Company, upon a policy of life insurance. Judgment was entered by the court for the plaintiff upon demurrer to the narr. The said pleadings and judgment were as follows: Narr. Allegheney County, ss. The Metropolitan Life Insurance company, a corporation, chartered or created under the laws of the state of New York, the home office of which is New York, and doing business in a branch office at…
1Opinion of the CourtJustice Sterrett
By demurring generally to the declaration, the defendant below admitted the truth of all matters of fact sufficiently pleaded therein ; and hence.it follows.that if a good cause of action is properly presented in either count of the declaration, there was no error in overruling, the demurrer and entering judgment for the plaintiff. Whatever doubt may exist as to *283the sufficiency of the first count, the second, though somewhat informal, is substantially good, and supports the judgment.
The first count is on the contract of. insurance, as evidenced by the policy of which profert.is therein made.…
2Cited by3 opinions
- American Cent. Life Ins. v. American Trust Co.Court of Appeals for the Sixth Circuit · 1925
- Estate of BearSuperior Court of Pennsylvania · 1899
- McEnery v. Metropolitan Life Insurance, Pennsylvania Court of Common Pleas, Philadelphia County1944