DeCoursey v. Johnston
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 8 OF PHILADELPHIA COUNTY. No. 193 January Term 1890, Sup. Ct.; court below, No. 193 March Term 1885, C. P. No. 3. On June 16, 1885, a feigned issue was ordered wherein Samuel G. DeCoursey was plaintiff and Elizabeth Johnston was defendant, to determine whether the plaintiff or the defendant was entitled to the proceeds of a policy of insurance, ■ dated May 4, 1865, for $5,000, issued by the Connecticut Mutual Life…
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 8 OF PHILADELPHIA COUNTY. No. 193 January Term 1890, Sup. Ct.; court below, No. 193 March Term 1885, C. P. No. 3. On June 16, 1885, a feigned issue was ordered wherein Samuel G. DeCoursey was plaintiff and Elizabeth Johnston was defendant, to determine whether the plaintiff or the defendant was entitled to the proceeds of a policy of insurance, ■ dated May 4, 1865, for $5,000, issued by the Connecticut Mutual Life Insurance Co. upon the life of John Johnston, the defendant’s husband, payable “to his wife, and, should she not then be…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett :
This feigned issue was framed for the purpose of determining *331whether the plaintiff, Samuel G. DeCoursey, was entitled to all or any part of the $5,000 paid into court by the Connecticut Mutual Life Insurance Company, as the amount admitted to be due under its policy of insurance on the life of defendant’s husband, John Johnston, then deceased. By the terms of the policy, the sum named was payable upon the death of the insured “ to his wife, and, should she not then be living, to her children.” Johnston died in November, 1884; and, the insurance money being…
2Cases cited1 opinion
- American Life Insurance & Trust Co. v. ShultzSupreme Court of Pennsylvania · 1876
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