Supreme Court of Pennsylvania, 1916

West End Trust Co. v. Fidelity Mutual Life Insurance

West End Trust Co. v. Fidelity Mutual Life Insurance
Supreme Court of Pennsylvania · Decided May 15, 1916 · Brown, Frazer, Mestrezat, Stewart, Walling
253 Pa. 619; 98 A. 768

West End Trust Co. v. Fidelity Mutual Life Insurance

Opinion of the Court

Per Curiam,

This judgment is affirmed because, as the learned court below correctly held in its opinion discharging the rule for a new trial, “It was the decedent’s duty if he desired to rescind to act in good faith and with reasonable promptness and February 8, 1910, was too late. Meantime, two other assessments had been levied and paid and at the end of the year on the assumption that Borell had abandoned his membership, his interest in the contingent fund which he had lost by discontinuing was distributed among the other members.”

Judgment affirmed.

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