Lenig v. Eisenhart
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE SNYDER COUNTY. No. 179 July Term 1887, Sup. Ct.; court below, No. 21 December Term 1885, C. P. To -the term and number in the court below referred to, Philip R. Lenig, administrator of Jacob H. Lenig, deceased, brought assumpsit against Daniel Eisenhart, to recover the amount of a policy of insurance upon the life of said deceased received by the defendant. The defendant pleaded non-assumpsit.
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ERROR TO THE COURT OE COMMON PLEAS OE SNYDER COUNTY. No. 179 July Term 1887, Sup. Ct.; court below, No. 21 December Term 1885, C. P. To -the term and number in the court below referred to, Philip R. Lenig, administrator of Jacob H. Lenig, deceased, brought assumpsit against Daniel Eisenhart, to recover the amount of a policy of insurance upon the life of said deceased received by the defendant. The defendant pleaded non-assumpsit. At the trial, the plaintiff showed that on August 7, 1870, the Home Mutual Life Association of Pennsylvania had issued a policy of insurance on the life of Jacob H.…
1Opinion of the Court
Per Curiam :
The learned counsel for the plaintiff in error have failed to satisfy us that the court below erred in entering a nonsuit. The plaintiff proved that Eisenhart was not a relation of Jacob H. Lenig, the assured, and if he had also proved that Eisenhart was not a creditor of Lenig, he would have had a stronger case. The plaintiff contended, however, that the burden was upon the defendant to prove that he was a creditor of Lenig. We do not think so. The' policy of insurance had been formally assigned to Eisenhart, and the company had paid him the money. He was prima facie entitled to…
2Cited by11 opinions
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- Dunkley Co. v. California Packing Corp.Court of Appeals for the Second Circuit · 1921
- Phillips' EstateSupreme Court of Pennsylvania · 1913
- Baldwin v. Devereux Schools, Inc.Supreme Court of Pennsylvania · 1931
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