N.Y. L. INS. CO. v. RABINOVITCH, 320 Pa. 351 (1936)

182 A. 380

New York Life Insurance Company v. Rabinovitch et al., Appellants.

Supreme Court of Pennsylvania.December 3, 1935.
January 6, 1936.

Before FRAZER, C. J., SCHAFFER, MAXEY, DREW, LINN and BARNES, JJ.

Appeals, Nos. 475 and 476, Jan. T., 1935, by defendants, from decree of C. P. No. 3, Phila. Co., June T.,

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1931, No. 16103, in case of New York Life Insurance Company v. Sadie Rabinovitch and Anna Rabinovitch. Decree affirmed.

Bill in equity.

The opinion of the Supreme Court states the facts.

Verdict for defendant on framed issues, before DAVIS, P. J., and a jury. Motion for new trial refused. Adjudication filed, DAVIS, P. J., in favor of plaintiff and decree nisi entered. Exceptions to adjudication dismissed, DAVIS, P. J., and MacNEILLE, J., opinion per curiam, and decree entered directing cancellation of policy.

Error assigned, among others, was final decree.

William A. Gray, for appellants.

A. G. Dickson, with him Louis H. Cooke, for appellee.

OPINION BY MR. JUSTICE SCHAFFER, January 6, 1936:

This is a companion case of the one preceding. It involves another policy for $50,000 on the life of David Rabinovitch, in which Sadie Rabinovitch and Anna Rabinovitch, the appellants, are the beneficiaries. A trial Was had before a jury as in the preceding case. In its material features the testimony was the same in this as in the other one. The jury found in favor of the defendants. Thereafter, in an adjudication by Judge DAVIS sitting as Chancellor, he decided in plaintiff’s favor and ordered the policy cancelled. A final decree to this effect was entered by the court in banc.

The decree is affirmed at the cost of appellants.

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