Langlois v. Association Canado-Américaine
Supreme Court of New Hampshire
Action, upon a policy of insurance dated February 5, 1914, upon the life of one Frank Langlois who died January 23, 1917. The defence was that the insured had not complied with the by-law requiring him to pay $2.66 each month and that he was under suspension for non-payment of the assessment or dues for December, 1916. Upon the defendants’ motion for a nonsuit, the plaintiff claimed there was evidence of a waiver of the by-law requiring monthly payments.
Read the full summary
Action, upon a policy of insurance dated February 5, 1914, upon the life of one Frank Langlois who died January 23, 1917. The defence was that the insured had not complied with the by-law requiring him to pay $2.66 each month and that he was under suspension for non-payment of the assessment or dues for December, 1916. Upon the defendants’ motion for a nonsuit, the plaintiff claimed there was evidence of a waiver of the by-law requiring monthly payments. Subject to exception a nonsuit was ordered upon the defendants’ engagement that if the exception were sustained there should be judgment for…
1Opinion of the CourtParsons, C. J.
The by-law of a fraternal insurance company, such as is here relied upon, is a stipulation of the contract which may be waived. Downs v. Knights of Columbus, 76 N. H. 165. Such waiver is proved by evidence tending to show the stipulation had been abandoned so that it was no part of the contract sued upon (Salvail v. Catholic Order of Foresters, 70 N. H. 635; Dunn v. Insurance Co., 69 N. H. 224) or of a course of conduct which would estop the defendant from now setting it up. Lally v. Insurance Co., 75 N. H. 188; Appleton v. Insurance Co., 59 N. H. 541, 546. Upon the latter proposition the…
2Cases cited5 opinions
- Appleton v. Phenix Mutual Life InsuranceSupreme Court of New Hampshire · 1880
- Dunn v. National Life InsuranceSupreme Court of New Hampshire · 1897
- Lally v. Prudential Insurance Co. of AmericaSupreme Court of New Hampshire · 1909
- Salvail v. Catholic Order of ForestersSupreme Court of New Hampshire · 1900
- Downs v. Knights of ColumbusSupreme Court of New Hampshire · 1911
3Cited by1 opinion
- Daley v. Metropolitan Life InsuranceSupreme Court of New Hampshire · 1925