179 Pa. 132 | Pa. | 1897
Opinion by
The policy sued on this case was issued by the defendant company upon the life of James Corcoran, and was payable to his wife Frances Corcoran if she survived him, otherwise to their children. The policy was obtained in 1877. James Corcoran died in January, 1894, leaving his wife and three children to survive him. Mrs. Corcoran made proof of her husband’s death, and claimed the amount due upon the policy as the payee named therein. She alleged that the policy had been mislaid or lost, and was required to make such proof of the fact as she was able, and to give a bond of indemnity to the company before the insurance money was paid to her. This she did, and on the 30th day of April, 1894, the money was paid to her. On the 25th day of February, 1895, nearly one year after the payment to Mrs. Corcoran, this action was brought, the plaintiff claiming title to the policy by virtue of an assignment by James and Frances Corcoran to W. H. Dill, made in October, 1890, as collateral security for an indebtedness and an assignment from Dill to himself on the 10th day of March, 1892, accompanied by an assignment of the indebtedness to secure which the assignment to Dill had been made. The policy stipulated among other things that the company would take no notice of any assignment until it bad been furnished with a duplicate, or a certified copy thereof, delivered to the company at its principal office. The defendant set up as a defense to the action the payment to Mrs. Corcoran, and the provision of the policy just referred to. To this the plaintiff replied that the company had waived the stipulation; and upon this question the case went to trial. As a proof of waiver the plaintiff gave in evidence his own letter to the secretary of the company, of March 29, 1892, referring to the assignment by the Corcorans to Dill, and by Dill to himself, and asking whether he should forward the policy to the company to have an approval of the transfer made
The judgment is now reversed and a venire facias de novo awarded.