Dunham v. Morse
Massachusetts Supreme Judicial Court
Contract, upon a promissory note for $184, dated November 22, 1888, payable in ten days after date to the plaintiffs, and signed by the defendant. The answer set up want of consideration. Trial in the Superior Court, without a jury, before Bishop, J., who ruled that the action could not be maintained, found for the defendant, and, at the request of the parties, reported the case for the determination of this court.
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Contract, upon a promissory note for $184, dated November 22, 1888, payable in ten days after date to the plaintiffs, and signed by the defendant. The answer set up want of consideration. Trial in the Superior Court, without a jury, before Bishop, J., who ruled that the action could not be maintained, found for the defendant, and, at the request of the parties, reported the case for the determination of this court. If the ruling was right, judgment was to be entered for the defendant; otherwise, judgment was to be entered for the plaintiffs. The material facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The only question in this case is whether the note declared on was given without consideration. The testimony shows that the only purpose of the defendant in giving it was to obtain insurance upon his life at once, instead of waiting for the action of the insurance company on his application. If a contract of insurance binding on the company was given him, the note is good; otherwise, it is not.
The contract, which was signed and delivered by the plaintiffs as agents for the company, purported to give such insurance, but it was expressed to be subject to certain conditions printed on the back,…
2Cases cited6 opinions
- Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1887
- White v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- Bouton v. American Mutual Life InsuranceSupreme Court of Connecticut · 1857
- Whiting v. Massachusetts Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1880
- Chickering v. Globe Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rapp v. Lester L. Burdick, Inc.Massachusetts Supreme Judicial Court · 1957
- Ansin v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1922
- Green v. Star Fire InsuranceMassachusetts Supreme Judicial Court · 1906
- Jones v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1897
- Jenkins v. International Life InsuranceSupreme Court of Arkansas · 1921
4 more not listed; retrieve them via the Exa API.