Chickering v. Globe Mutual Life Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance for $20,000, dated February 12, 1870, upon the life of Thomas E. Chickering, payable to the plaintiff, his wife. By the terms of the policy the sum of 1329.60 was to be paid on or before the 9th days of February, May, August and November, in every year during the continuance of the policy. Among the conditions forming a part of the policy were the following: “ 3d.
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Contract on a policy of insurance for $20,000, dated February 12, 1870, upon the life of Thomas E. Chickering, payable to the plaintiff, his wife. By the terms of the policy the sum of 1329.60 was to be paid on or before the 9th days of February, May, August and November, in every year during the continuance of the policy. Among the conditions forming a part of the policy were the following: “ 3d. If the said premiums shall not be paid on or before the days mentioned for the payment thereof, at the office of the company, in the city of New York, (unless otherwise expressly agreed in writing,)…
1Opinion of the CourtAmes, J.
The question raised by this report is whether there was any evidence upon which the jury would have a right to find that the premium due from the assured on the ninth day of February, 1871, was paid according to the terms of the policy. Even upon the assumption that Osborn, as the defendants’ agent, had no authority to waive or modify those terms in any respect, a seasonable payment to him was all that it was necessary for the plaintiff to prove. He was .the agent of the corporation, not merely for this special transaction, but generally, for the collection of all premiums that became due to…
2Cited by13 opinions
- Wooddy v. Old Dominion InsuranceSupreme Court of Virginia · 1879
- Carter v. Empire Mutual InsuranceMassachusetts Appeals Court · 1978
- Kerlin v. National Accident Ass'nIndiana Court of Appeals · 1893
- Carson v. Jersey City InsuranceSupreme Court of New Jersey · 1881
- Dunham v. MorseMassachusetts Supreme Judicial Court · 1893
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