Trabandt v. Connecticut Mutual Life Insurance
Massachusetts Supreme Judicial Court
Contract upon an account annexed to recover $432.18, being the premiums and interest thereon paid by the plaintiff to the defendant on a policy of insurance alleged to be void.
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Contract upon an account annexed to recover $432.18, being the premiums and interest thereon paid by the plaintiff to the defendant on a policy of insurance alleged to be void. Trial in the Superior Court, before Rockwell, J., who, after verdict, reported the case for the consideration of this court, in substance as follows: The plaintiff introduced evidence tending to show that William S. Danforth, the agent of the defendant, came, in October 1867, to the plaintiff’s house, at his request, with a physician, to make out the papers for insurance on the plaintiff’s life; that the physician…
1Opinion of the Court
By the Court.
The contract of insurance was between the defendant and the wife. The premiums were paid by the husband with her consent and on .account of her policy. He incurred no responsibility to her by reason of such payment, *169was no party to her contract with the defendant, and suffered no injury from the invalidity of that contract. If any action can be maintained to recover the amount of the premiums so paid, it must be in her name, and not in his. North America Ins. Co. v. Wilson, 111 Mass. 542. Judgment on the verdict.
2Cases cited1 opinion
- North America Life Insurance v. WilsonMassachusetts Supreme Judicial Court · 1873
3Cited by7 opinions
- Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
- Jurgens v. New York Life InsuranceCalifornia Supreme Court · 1896
- Wells-Stone Mercantile Co. v. Aultman, Miller & Co.North Dakota Supreme Court · 1900
- Aetna Life Insurance v. PennOhio Superior Court, Cincinnati · 1907
- Aetna Life Insurance v. PennOhio Superior Court, Cincinnati · 1905
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