Weatherbee v. New York Life Insurance
Massachusetts Supreme Judicial Court
Two actions OF contract each upon a policy of insurance upon the life of Freeman F. Weatherbee, one by Ann Weatherbee upon a policy dated March 9, 1864, and payable to the plaintiff, widow of Freeman, and the other by William W. Forbes on a policy issued January 5, 1871, payable to the representatives of Freeman F. Weatherbee and assigned by him to one Brown who assigned it to the plaintiff.
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Two actions OF contract each upon a policy of insurance upon the life of Freeman F. Weatherbee, one by Ann Weatherbee upon a policy dated March 9, 1864, and payable to the plaintiff, widow of Freeman, and the other by William W. Forbes on a policy issued January 5, 1871, payable to the representatives of Freeman F. Weatherbee and assigned by him to one Brown who assigned it to the plaintiff. Writs dated respectively November 3, 1899, and April 12, 1898. The action of Ann Weatherbee came up upon the same agreed facts that were before the court when the decision was given which is reported in…
1Opinion of the CourtHolmes, C. J.
The first of these cases is the same case and comes here on the same agreed facts as that reported in 178 Mass. 575. We do not understand on what ground the plaintiff undertakes to reargue what was decided when the case was here before, that she was not entitled to recover the face value of the policy. We pass that portion of the argument by, only remarking that there is nothing in the present case that makes of the new policy the same contract as the first, as matter of law. It did not purport to be so, and it has been decided by implication not to be. See further, Miles v. Connecticut Ins.…
2Cases cited6 opinions
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Preston v. MannSupreme Court of Connecticut · 1856
- National Life Insurance v. PingreyMassachusetts Supreme Judicial Court · 1886
- Supreme Commandery of the United Order of the Golden Cross v. MerrickMassachusetts Supreme Judicial Court · 1895
- Miles v. Connecticut Mutual Life InsuranceSupreme Court of the United States · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wilde v. WildeMassachusetts Supreme Judicial Court · 1911
- Flatonia State Bank v. Southwestern Life InsuranceTexas Supreme Court · 1939
- National Security Bank v. BattMassachusetts Supreme Judicial Court · 1913
- Leonhard v. Provident Savings Life Assur. Soc.Court of Appeals for the Eighth Circuit · 1904
- Missouri State Life Ins. v. LangrederCourt of Appeals for the Seventh Circuit · 1937
2 more not listed; retrieve them via the Exa API.