Gardner v. Metropolitan Life Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of endowment insurance described in the opinion. Writ dated November 19, 1914-In the Superior Court the case was tried before Lawton, J. The single issue tried and the evidence upon that issue are described in the opinion. All of the evidence, with the exception of the letter of September 8, 1896, was admitted against the objection and subject to the exception of the defendant.
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Contract upon a policy of endowment insurance described in the opinion. Writ dated November 19, 1914-In the Superior Court the case was tried before Lawton, J. The single issue tried and the evidence upon that issue are described in the opinion. All of the evidence, with the exception of the letter of September 8, 1896, was admitted against the objection and subject to the exception of the defendant. At the close of this evidence the defendant asked the judge to order a verdict for it. The judge refused to do this. The judge then submitted to the jury the question which is quoted in the…
1Opinion of the CourtCrosby, J.
This is an action upon a policy of insurance dated May 14, 1894, for $1,000, issued to the plaintiff by the defendant. The policy is upon the endowment plan and is payable at the expiration of twenty years from its date. It contains the following provision: “This policy shall become void whenever the insured named therein shall leave the service of the said Company except by cause of his death.”
The case is presented upon a report made by a judge of the Superior Court, from which it appears that the policy, which was paid for by a single premium, was issued by the defendant to the plaintiff as…
2Cases cited5 opinions
- Cumberland & Pennsylvania Rail Road v. SlackCourt of Appeals of Maryland · 1876
- Price v. MinotMassachusetts Supreme Judicial Court · 1871
- Cooper v. Stronge & Warner Co.Supreme Court of Minnesota · 1910
- Jones v. Graham & Morton Transportation Co.Michigan Supreme Court · 1883
- Wharton v. ChristieSupreme Court of New Jersey · 1891
3Cited by8 opinions
- Brown v. Little, Brown & Co.Massachusetts Supreme Judicial Court · 1929
- Elwell v. State Mutual Life Assurance Co.Massachusetts Supreme Judicial Court · 1918
- Croskey v. Kroger Co.Missouri Court of Appeals · 1953
- City of Forth Worth v. BostickCourt of Appeals of Texas · 1972
- In re the Will of RothNew York Surrogate's Court · 1944
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