Brady v. Northwestern Masonic Aid Ass'n
Supreme Court of Pennsylvania
Appeal, No. 18, Jan. Ti, 1899, by plaintiff, from judgment of C. P. No. 1, Pliila. Co., Sept. T., 1895, No. 72, refusing to take off nonsuit. Assumpsit upon a policy of life insurance. At the trial it appeared that a policy on the life of Frank J. Brady, in the sum of $10,000, in favor of his sister, the plaintiff, was issued by the defendant and delivered to Brady by W. H. Stirling, defendant’s general agent.
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Appeal, No. 18, Jan. Ti, 1899, by plaintiff, from judgment of C. P. No. 1, Pliila. Co., Sept. T., 1895, No. 72, refusing to take off nonsuit. Assumpsit upon a policy of life insurance. At the trial it appeared that a policy on the life of Frank J. Brady, in the sum of $10,000, in favor of his sister, the plaintiff, was issued by the defendant and delivered to Brady by W. H. Stirling, defendant’s general agent. Brady gave Stirling a worthless check in payment of the first premium. The policy provided as follows: “ In consideration of ... . and of the payment of all premiums herein required,…
1Opinion of the Court
Per Curiam,
We find nothing in this case that would have justified the court below in taking off the judgment of nonsuit. For reasons given by the learned trial judge, he was clearly right “ in refusing to admit in evidence the policy of insurance upon which suit was brought,” as set forth in the second specification. The evidence covered by the bill of exceptions is wholly insufficient to justify the submission of plaintiff’s claim to a jury.
Judgment affirmed.
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