Coleman v. New England Mutual Life Insurance
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on November 8, 1916, by the executrix of the will of George D. Coleman against the New England Mutual Life Insurance Company and Amos Wakelin and Henry W. Marston, copartners, for an accounting as to the proceeds of a policy of insurance issued by the defendant company upon the life of the plaintiff’s testator. The suit was heard by Jenney, J., a commissioner having been appointed under Equity Rule 35 to take the testimony.
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Bill in equity, filed in the Superior Court on November 8, 1916, by the executrix of the will of George D. Coleman against the New England Mutual Life Insurance Company and Amos Wakelin and Henry W. Marston, copartners, for an accounting as to the proceeds of a policy of insurance issued by the defendant company upon the life of the plaintiff’s testator. The suit was heard by Jenney, J., a commissioner having been appointed under Equity Rule 35 to take the testimony. Facts found by the judge are described in the opinion. By order of the judge a final decree was entered dismissing the bill;…
1Opinion of the CourtDe Courcy, J.
The defendant insurance company delivered to George D. Coleman on April 18, 1900, its policy insuring his life in the sum of $5,000, payable at his death to his wife, Augusta D. Coleman, and, in the event of her prior decease, to the insured’s estate. The policy was dated April 17, 1900, but by its terms the premiums were payable annually for twenty years on the first day of May. The interest of Augusta D. ceased on her death, April 1,1909. By reason of the non-payment of the premium due May 1, 1911, said policy in accordance with its terms and by virtue of the non-forfeiture statute…
2Cases cited5 opinions
- Wilkie v. New York Mutual Life InsuranceSupreme Court of North Carolina · 1908
- Stringham v. Mutual Ins.Oregon Supreme Court · 1904
- Homestead Fire Insurance v. IsonSupreme Court of Virginia · 1909
- Kansas Mutual Life Insurance v. CoalsonCourt of Appeals of Texas · 1899
- Logsdon v. Supreme Lodge of Fraternal Union of AmericaWashington Supreme Court · 1904
3Cited by6 opinions
- Douglass v. Mutual Ben. Health & Accident Ass'nNew Mexico Supreme Court · 1937
- Fisher v. Central Surety & InsuranceSupreme Court of Kansas · 1939
- Pacolet Manufacturing Co. v. WeissSupreme Court of Georgia · 1937
- Forrest v. Mutual Benefit Life Insurance CoNew York Supreme Court · 1949
- La Patti Corp. v. Pacific Nat. Fire Ins.District Court, E.D. Missouri · 1947
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