Morneweck v. Western & Southern Life Insurance
Supreme Court of Pennsylvania
Morneweck v. Western & Southern Life Insurance, 271 Pa. 17 (Pa. 1921)
115 A. 927; 1921 Pa. LEXIS 451
Frazer, Kephart, Moschzisker, Sadler, Simpson, Walling
Morneweck v. Western & Southern Life Insurance
Opinion of the Court
Plaintiff endeavored to set aside a written release. The court below ruled that the evidence depended upon did not measure up to the required standard, citing Ralston v. Phila. R. T. Co., 267 Pa. 257. After reading the notes of testimony, we are not convinced of error.
Judgment affirmed.
Reference
- Full Case Name
- Morneweck v. Western & Southern Life Insurance Co.
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- 5 cases
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- Syllabus
- Insurance — Life insurance — Release—Evidence — Setting aside release. 1. Where, in an action on a life insurance policy, plaintiff endeavors to set aside a written release, she can do so only by evidence which is clear, precise and indubitable, and by witnesses who are credible, who distinctly remember the facts to which they testify, and narrate the details exactly. Ralston v. Philadelphia R. T. Co., 267 Pa. 257, followed.