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· 2/14/1921

Germantown Trust Co. v. Risser

Citations

  • 269 Pa. 286
  • 112 A. 443
  • 1921 Pa. LEXIS 548

Syllabus

<p>Evidence — Ownership of policy of life insurance — Written evidence — Oral proof.</p> <p>1. Where a witness, instead of stating the words uttered, or used by the parties to an alleged oral agreement, simply gives his conclusion concerning the effect of such words, the appellate court, on review, cannot hold that the trial judge erred in treating the testimony accordingly; nor can it say that the trial judge was obliged to credit such testimony against the written evidence in the case.</p> <p>2. In a contest over the ownership of a life insurance policy, where the application and the policy show that it was to be payable to a partnership of which the insured was a member, the documentary evidence will sustain a judgment on a finding that the proceeds of the policy was a partnership asset.</p>

Judges: Frazer, Kephart, Moschzisker, Sadler, Schaefer, Simpson, Walling

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