McGraw v. Metropolitan Life Insurance

Citations

• 5 Pa. Super. 488
• 1897 Pa. Super. LEXIS 276

Syllabus

<p>Insurance — Unsound health of insured — Question for jury.</p> <p>The question of the unsoundness of health of the insured at time of insurance is properly one for the jury, and the question having been fairly submitted on conflicting testimony will not be reviewed by the appellate court.</p> <p>Insurance — Insurable interest of niece — Question for jury.</p> <p>The insurable interest of a niece in the life of an uncle by whom she has been brought up and to whose support she has contributed may be properly submitted to the jury.</p> <p>Practice, Superior Gourt — Defense not raised below — Rule of court.</p> <p>When the question of insurable interest was not raised below, it will not be considered in the appellate court especially when such allegation is not part of defendant’s affidavit as required by the rules of court of Allegheny county.</p>