National Life Insurance v. Pingrey
Massachusetts Supreme Judicial Court
Bill of interpleader, against Elizabeth H. Pingrey and Cara L. Pingrey, to determine the respective rights of the defendants under two policies of insurance issued by the plaintiff.
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Bill of interpleader, against Elizabeth H. Pingrey and Cara L. Pingrey, to determine the respective rights of the defendants under two policies of insurance issued by the plaintiff. The case was heard by W. Allen, J., and reported for the consideration of the full court, in substance as follows: The plaintiff, on May 25, 1874, issued its policy of insurance upon the life of Franklin A. Pingrey, on his application, he at that time being twenty-one years of age, containing the following clauses: “As soon as the premiums paid, together with such other sums as he may choose to pay, improved…
1Opinion of the CourtC. Allen, J.
The questions arising between the plaintiff and the different defendants cannot all be tried in an issue between the two defendants alone. The mother claims to be entitled under the first policy. The widow claims under the second policy. By issuing the two policies, the plaintiff has exposed itself to both of these claims, and must meet them as best it may. The difficulty of maintaining the bill of interpleader is not technical, but fundamental. In this form of proceeding, we cannot
*414inquire whether the plaintiff has incurred a dounle liability. That result is possible. The plaintiff ought to…
2Cited by19 opinions
- Stephenson v. BurdettWest Virginia Supreme Court · 1904
- North Pacific Lumber Co. v. LangOregon Supreme Court · 1895
- Supreme Commandery of the United Order of the Golden Cross v. MerrickMassachusetts Supreme Judicial Court · 1895
- Mallory S. S. Co. v. ThalheimCourt of Appeals for the Second Circuit · 1921
- Goodrich v. WilliamsonSupreme Court of Oklahoma · 1899
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