Abraham v. Mutual Reserve Fund Life Ass'n
Massachusetts Supreme Judicial Court
Contract on a policy of insurance on the life of George S. Abraham of Medford. Writ dated March 22, 1901. At the trial in the Superior Court before Sherman, J., it appeared, that the policy was dated February 14,1900, and that the assured died on November 14 of the same year from tubercular peritonitis which began in the previous April.
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Contract on a policy of insurance on the life of George S. Abraham of Medford. Writ dated March 22, 1901. At the trial in the Superior Court before Sherman, J., it appeared, that the policy was dated February 14,1900, and that the assured died on November 14 of the same year from tubercular peritonitis which began in the previous April. The defence relied on was that the insured in his application concealed material facts, amounting to a breach of warranty and making the contract void. This defence was founded on the contention that eight years before his application the insured had pleurisy,…
1Opinion of the CourtLathrop, J.
1. The principal question in this case is whether evidence is admissible to explain the statement in the proofs of death, when the defendant has not been notified before the trial of the fact that the statement was erroneous. We-do not see how this case can be distinguished from Hogan v. Metropolitan Life Ins. Co. 164 Mass. 448, where such evidence was held to be admissible. The defendant in that case, as in this, relied upon the case of Campbell v. Charter Oak Ins. Co. 10 Allen, 213, in which it is said that corrections of mistakes in proofs of death “ are not for the first time to be made…
2Cases cited5 opinions
- Dolan v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1899
- Claflin v. United States Credit System Co.Massachusetts Supreme Judicial Court · 1896
- Hogan v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1895
- Riley v. JordanMassachusetts Supreme Judicial Court · 1877
- Stocker v. Boston Mutual Life Ass'nMassachusetts Supreme Judicial Court · 1898
3Cited by8 opinions
- Stone v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Barker v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1908
- Traiser v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1909
- Noyes v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1906
- Michalek v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1917
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