Legal Opinion

Hodsdon v. Guardian Life Insurance

Massachusetts Supreme Judicial Court

Decided September 15, 1867PublishedCited by 43 opinions

Contract on a policy of insurance for two thousand dollars upon the life of George W. C. Hodsdon, the plaintiff’s intestate.

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Contract on a policy of insurance for two thousand dollars upon the life of George W. C. Hodsdon, the plaintiff’s intestate. The policy was annexed to the declaration, and was expressed to be in consideration, among other things, “ of the sum of forty-five dollars and sixty-six cents when paid in the manner provided in the rules of this company,” “ and of the nayment of all interest when d upon any premium notes given upon this policy; ” and it was provided that the sum insured should be paid on Hodsdon’s death within the term of the policy, “ the balance of the year’s premium, if any, being…

1Opinion of the CourtGray, J.

Upon the payment of the cash premium and giving of the premium notes by the assured to the insurers, the policy became a binding contract; although by one of the conditions annexed, upon which it was declared to be made and accepted, it was to cease and determine in case of a failure to pay any premium note when due. The terms of the receipt given for the cash premium did not change the nature of the contract of insurance in this respect. The burden of proving a breach of this executory stipulation and an avoidance of the policy, by non-payment of one of the premium notes, was upon the…

2Cited by43 opinions

  1. Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
  2. Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
  3. Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
  4. Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
  5. Shea v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1894

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