Markey v. Mutual Benefit Life Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance of the life of James W. Hoyt, the plaintiff’s former husband, in the sum of $3000, payable on his death to the plaintiff; and on an agreement to insure.
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Contract on a policy of insurance of the life of James W. Hoyt, the plaintiff’s former husband, in the sum of $3000, payable on his death to the plaintiff; and on an agreement to insure. After the former decision, reported 118 Mass. 178, the case was tried in the Superior Court, before Colburn, J., upon the same pleadings, and the plaintiff offered the same evidence that she presented at the former trial, which is reported 118 Mass. 181-185, and the substance of which is stated in the opinion. The judge ruled that the plaintiff could not maintain the action; that no amendment of the…
1Opinion of the CourtSoule, J.
The evidence at the trial in the court below was identical with that given at a former trial, and reported in Markey v. Mutual Benefit Ins. Co. 118 Mass. 178. It was there decided that the whole evidence was insufficient to warrant the jury in finding that the policy had been delivered so as to constitute a binding contract; and that there was no evidence whatever that the defendant intended or was understood by the *160plaintiff or her husband to intend to make a contract of insurance in any other form. A re-examination of the case confirms us in the opinion there expressed, and we do not…
2Cases cited1 opinion
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
- Moore v. Farmers' Mutual Insurance Asso.Supreme Court of Georgia · 1899
- Millard v. BraytonMassachusetts Supreme Judicial Court · 1901
- Travis v. Nederland Life Ins.Court of Appeals for the Eighth Circuit · 1900
- Powell v. Prudential Insurance Co. of AmericaSupreme Court of Alabama · 1907
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