Rindge v. New England Mutual Aid Society
Massachusetts Supreme Judicial Court
Contjract to recover $5,000 on a certificate of membership in the defendant association issued to Thomas G. Rice. The plaintiffs moved to amend their writ and declaration by admitting the administrator of Rice to prosecute the action, and an amended declaration was filed, which alleged that the defendant owed the amount due on the certificate to such administrator “ for the benefit of ” Frederick H. Rindge, Clarissa H. Rindge, and Francis J. Parker, administrators of the…
Read the full summary
Contjract to recover $5,000 on a certificate of membership in the defendant association issued to Thomas G. Rice. The plaintiffs moved to amend their writ and declaration by admitting the administrator of Rice to prosecute the action, and an amended declaration was filed, which alleged that the defendant owed the amount due on the certificate to such administrator “ for the benefit of ” Frederick H. Rindge, Clarissa H. Rindge, and Francis J. Parker, administrators of the estate of Samuel B. Rindge, the original plaintiffs, who were “ the beneficiaries under said policy for whose benefit this…
1Opinion of the CourtC. Allen, J.
The designation of beneficiaries in the policy or certificate of membership is invalid, as the statutes under which the defendant corporation was organized did not authorize it to grant insurance for the benefit of friends. Daniels v. Pratt, 148 Mass. 216, 221. But an invalid designation of beneficiaries does not render the whole contract invalid. The contract in terms recognizes that there may be a change or substitution of beneficiaries, and there is a provision that, if the member shall survive all original or substituted beneficiaries, then his membership shall be for the benefit of his…
2Cases cited5 opinions
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
- Unity Mutual Life Assurance Ass'n v. DuganMassachusetts Supreme Judicial Court · 1875
- Flynn v. North American Life InsuranceMassachusetts Supreme Judicial Court · 1874
- Bailey v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1873
3Cited by34 opinions
- Schmidt v. Northern Life Ass'nSupreme Court of Iowa · 1900
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Union Fraternal League v. WaltonSupreme Court of Georgia · 1899
- Shea v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1894
- Lewis v. Brotherhood Accident Co.Massachusetts Supreme Judicial Court · 1907
29 more not listed; retrieve them via the Exa API.