Legal Opinion

Markey v. Mutual Benefit Life Insurance

Massachusetts Supreme Judicial Court

Decided September 3, 1875PublishedCited by 20 opinions

Contract. The declaration originally contained one count. Those entitled second, third and fourth were added at different times by amendment. The first count alleged that the defendant made a policy of insurance upon the life of her late husband, James W. Hoyt, in the sum of $3000, payable on his death to the plaintiff; that Hoyt afterwards died, and the defendant owed the plaintiff the amount of said policy.

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Contract. The declaration originally contained one count. Those entitled second, third and fourth were added at different times by amendment. The first count alleged that the defendant made a policy of insurance upon the life of her late husband, James W. Hoyt, in the sum of $3000, payable on his death to the plaintiff; that Hoyt afterwards died, and the defendant owed the plaintiff the amount of said policy. The second count alleged that the plaintiff and her late husband made an application to the defendant for a contract of insurance and a policy upon the life of said Hoyt, in the sum of…

1Opinion of the CourtGray, C. J.

The argument in this case has, by the agreement of counsel and with the sanction of the court, been confined to the question whether the truth of the exceptions alleged by the defendant at the trial is established, leaving the question of the validity of those exceptions, in case their truth is established, to be argued hereafter.

Upon a careful comparison of the exceptions, as alleged, with the certificate of the presiding judge, stating his reasons for disallowing them, and with the evidence reported by the commis*192sioner, all the variations appear to be merely verbal or quite unimportant, and…

2Cases cited5 opinions

  1. Heiman v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
  2. Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1869
  3. Sawyer v. Yale Iron WorksMassachusetts Supreme Judicial Court · 1875
  4. Hoyt v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1868
  5. Bates v. SantomMassachusetts Supreme Judicial Court · 1874

3Cited by20 opinions

  1. Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
  2. Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
  3. New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
  4. Commonwealth v. SharpeMassachusetts Supreme Judicial Court · 1948
  5. Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891

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