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VRABEL v. SCHOLLER et al.

372 Pa. 578 (1953)

Vrabel, Appellant, v. Scholler (et al., Appellant).

Supreme Court of Pennsylvania.

February 13, 1953.

Attorney(s) appearing for the Case

Peter P. Zion, with him Leonard A. Green and Zion, Kaliner & Green, for Penn Mutual Indemnity Company, garnishee, appellant.

George P. Williams, Jr., with him Orr, Williams & Baxter and Webster S. Achey, for plaintiff, appellant.

George W. Alexander, Jr., for Colonial Mutual Casualty Company, garnishee, appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE JONES, February 13, 1953:

When a phase of this litigation was here before (see Vrabel v. Scholler, 369 Pa. 235), Mr. Justice BELL, speaking for this court expressly stated that "Three important questions are involved: (1) Was the mutual mistake of fact which defendant [garnishee] alleged sufficient in law to void the insurance policy which it issued before and cancelled after the insured's accident; (2...

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