Carduff v. Boston Mutual Life Insurance

The plaintiff seeks as beneficiary therein named to recover the amount of an industrial insurance policy issued by the defendant. The answer is a general denial, a plea of payment and further that the insured was not in sound health at the time of the issuance of the policy.

It is stated in the report that the action came before the Trial Court “upon an agreed statement of facts”. This characterization however appears to be erroneous as there was testimony both by the plaintiff and a physician. The agreed statement was in effect that one of the defendant’s agents and its local assistant…