Opinion
March 29, 1938.
June 17, 1938.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 21, March T., 1938, from judgment of Superior Court, April T., 1937, No. 128, affirming judgment of C. P. Allegheny Co., July T., 1933, No. 3479, in case of Nicholas Bahas v. Equitable Life Assurance Society of the United States. Judgment affirmed.
Assumpsit on group life insurance policy. Before GARDNER, J.
The facts are stated in the opinion of the Superior Court, reported in 128 Pa. Super. 167.
Compulsory nonsuit entered. Motion to take it off refused. Plaintiff appealed to Superior Court, which affirmed the judgment of the court below. Appeal by plaintiff allowed to Supreme Court.
Error assigned, among others, was refusal to take off nonsuit.
John E. Evans, Jr., of Margiotti, Pugliese, Evans Buckley, with him Chas. J. Spinelli, for appellant.
Henry Eastman Hackney, with him Seward H. French, Jr., Reed, Smith, Shaw McClay and Karl W. Warmcastle, for appellee.
The opinion of Judge PARKER of the Superior Court conclusively answers all questions involved, and on that opinion the judgment is affirmed.