Troy v. Sargent
Massachusetts Supreme Judicial Court
Bill in equity, under the Gen. Sts. c.J.13, § 2, cl. 11, against Gilbert A. Sargent, Lucinda S. Sargent, his wife, and the John Hancock Mutual Life Insurance Company and the Berkshire Life Insurance Company, two corporations established by law in this Commonwealth, to reach and apply to the payment of a joint debt of Sargent and his wife to the plaintiff their interest in two policies of insurance issued by the defendant corporations respectively upon the life of Sargent for…
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Bill in equity, under the Gen. Sts. c.J.13, § 2, cl. 11, against Gilbert A. Sargent, Lucinda S. Sargent, his wife, and the John Hancock Mutual Life Insurance Company and the Berkshire Life Insurance Company, two corporations established by law in this Commonwealth, to reach and apply to the payment of a joint debt of Sargent and his wife to the plaintiff their interest in two policies of insurance issued by the defendant corporations respectively upon the life of Sargent for the benefit of his wife, payable on his death to her, her executors, administrators or assigns. The answer of each…
1Opinion of the CourtEndicott, J.
In this case, both the policies insure the life of Gilbert A. Sargent, for the benefit of his wife; and, upon his death, the sum insured is payable to her, her executors, administrators or assigns. No mention is made in either policy of the children. These policies, by the provisions of the Gen. Sts. c. 58, § 62, “ enure to her separate use and benefit and that of her children, independently of her husband or his creditors.”
The only question presented by the defendants is whether the children of Sargent and his wife should be made parties to the bill. In Norris v. Mass. Ins. Co. 131 Mass.…
2Cases cited3 opinions
- Kerman v. HowardWisconsin Supreme Court · 1868
- Unity Mutual Life Assurance Ass'n v. DuganMassachusetts Supreme Judicial Court · 1875
- Norris v. Massachusetts Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1881
3Cited by9 opinions
- Mutual Life Insurance v. AllenMassachusetts Supreme Judicial Court · 1884
- Goldman v. MosesMassachusetts Supreme Judicial Court · 1934
- York v. FlahertyMassachusetts Supreme Judicial Court · 1911
- Canterbury v. Northwestern Mutual Life InsuranceWisconsin Supreme Court · 1905
- Lanning v. ParkerNew Jersey Court of Chancery · 1915
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