Kerns v. Prudential Insurance
Citations
- 11 Pa. Super. 209
- 1899 Pa. Super. LEXIS 127
Syllabus
<p>Contract — Rescission—Measure of damages.</p> <p>When one party to a contract refuses without right to perform his part the other party may elect either to sue on the contract to recover damages for the breach, or to rescind the contract and sue in assumpsit to recover back the money paid under it.</p> <p>Insurance — Rescission of contract — Measure of damages.</p> <p>Where a policy holder has fulfilled his part of the contract under said policy until the policy was forfeited by the company, the insured may treat the contract as rescinded and recover back the premiums already paid with interest.</p>
Judges: Beaver, Berber, Orlady, Porter, Rice, Smith
Read full opinion on CourtListenerCited by
6 cases in this archive cite this case.
- Supreme Council A. L. H. v. BlackThird Circuit· 1903-06-16· cited 24×
- Gaskill v. Pittsburgh Life & Trust Co.Supreme Court of Pennsylvania· 1918-06-03· cited 11×
- Black v. Supreme CouncilU.S. Circuit Court for the District of Eastern Pennsylvania· 1903-02-10· cited 9×
- Ellis v. Alta Friendly SocietySuperior Court of Pennsylvania· 1901-04-16· cited 4×
- Farmers & Breeders Mutual Reserve Fund Live Stock Ins. v. MillerSuperior Court of Pennsylvania· 1916-12-18· cited 3×
- Little v. FearonSuperior Court of Pennsylvania· 1912-03-01· cited 1×
Cites
11 cases in this archive are cited by this case.
- Ballou v. BillingsMassachusetts Supreme Judicial Court· 1884-01-02· cited 42×
- Curtis v. WinstonSupreme Court of Pennsylvania· 1898-07-21· cited 31×
- Commonwealth ex rel. Arrott Steam Power Mills Co. v. ArnoldSupreme Court of Pennsylvania· 1894-03-05· cited 25×
- Commonwealth ex rel. Attorney General v. American Life Ins.Supreme Court of Pennsylvania· 1894-07-11· cited 19×
- Connell v. O'NeilSupreme Court of Pennsylvania· 1893-05-08· cited 18×
- Heyer v. Cunningham Piano Co.Superior Court of Pennsylvania· 1898-02-19· cited 12×
- Hill v. EganSupreme Court of Pennsylvania· 1894-03-05· cited 8×
- Marshall v. Franklin Fire InsuranceSupreme Court of Pennsylvania· 1896-07-15· cited 8×
- Harris v. Philadelphia Traction Co.Supreme Court of Pennsylvania· 1897-02-22· cited 6×
- Stout v. QuinnSuperior Court of Pennsylvania· 1899-01-18· cited 4×
- McNulty ex rel. Bresnahan v. Prudential InsuranceSuperior Court of Pennsylvania· 1898-02-19· cited 1×
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