49 Pa. Super. 239 | Pa. Super. Ct. | 1912
Opinion by
The plaintiff brought this action upon a policy of insurance issued by the defendant company upon the life of Catherine Semple, in which, at the time of the death of the assured, plaintiff was named as beneficiary. The statement filed by plaintiff averred and the copy of the policy attached to that statement disclosed that the policy had been procured by Catherine Semple, the deceased, on February 14, 1900, and under its covenants the defendant company agreed to pay “to the beneficiary, if living, named in the application herefor or in the written amendment thereof when approved by the company, or to the executor or administrator of the insured hereunder, unless settlement be made as hereinafter provided, .... the amount named in the schedule below, subject to these conditions and provisions.” Among the conditions of the policy was one authorizing the company, in its discretion, to pay the amount of the insurance to any “person in the judgment of said company equitably entitled to re
The Act of March 11, 1836, P. L. 76, providing for the allowance of interpleaders in actions at law does not make it obligatory upon the court to grant an interpleader in all cases in which it is prayed for by a defendant. The purpose of the statute was to relieve a defendant from the expense of defending two actions or being subjected to the risk of being compelled to pay money twice. The party who prays for the interpleader “shall show some probable matter to the court to believe that such suggestion is true;” the court is invested with a discretion to determine whether the party is entitled to the relief prayed for.'TDid the present case present such a state of facts as to make it an abuse of discretion for the court below to refuse to grant an interpleader? The policy upon which this action was brought did not upon its face appear to be a wagering contract. The insurance had been procured by the person whose life was insured and the policy had been in existence six years before this plaintiff was, upon the death of the beneficiary first named, substituted, with the consent of this defendant, as the beneficiary under the policy. When the deceased, in 1906, designated this plain
The order of the court below is affirmed and the record remitted with a procedendo.