Herman v. Connecticut Mutual Life Insurance
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on September 15, 1913, and afterwards amended, in which as amended the Connecticut Mutual Life Insurance Company, Harry R. Stanley, executor of the will of Sumner C. Stanley, and Bernhard Sommer were named defendants, and which contained the following allegations in substance: In 1896 Sommer procured an ordinary policy of life insurance from the defendant company in the sum of $10,000, payable in case of his death to his heirs,…
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Bill in equity, filed in the Superior Court on September 15, 1913, and afterwards amended, in which as amended the Connecticut Mutual Life Insurance Company, Harry R. Stanley, executor of the will of Sumner C. Stanley, and Bernhard Sommer were named defendants, and which contained the following allegations in substance: In 1896 Sommer procured an ordinary policy of life insurance from the defendant company in the sum of $10,000, payable in case of his death to his heirs, executors and assigns. At the date of the bill the policy had a cash surrender value of $4,000. On February 11, 1909, for a…
1Opinion of the CourtSheldon, J.
1. The defendant Stanley’s demurrer to the bill was overruled rightly. The bill states a proper case for equitable relief. Brigham v. Home Life Ins. Co. 131 Mass. 319. French v. Peters, 177 Mass. 568, 573, 574. A somewhat similar bill was maintained in Blinn v. Dame, 207 Mass. 159.
2. The plaintiff by his assignment from Sommer acquired as against the latter a valid title to the policy of insurance which here is in question. As between the plaintiff and Sommer, it is immaterial that the assignment was not written upon or attached to the policy, that no reference to the assignment was written…
2Cases cited28 opinions
- Knox v. Eden Musee Americain Co.New York Court of Appeals · 1896
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
- Russell v. American Bell Telephone Co.Massachusetts Supreme Judicial Court · 1902
- Cowdrey v. VandenburghSupreme Court of the United States · 1880
23 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Hopkins v. CommissionerUnited States Tax Court · 1950
- O'Gasapian v. DanielsonMassachusetts Supreme Judicial Court · 1933
- George v. Coolidge Bank and Trust Co.Massachusetts Supreme Judicial Court · 1971
- Colasanto v. Life Insurance Co. of North AmericaCourt of Appeals for the First Circuit · 1996
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