Legal Opinion

Potvin v. Prudential Insurance Co. of America

Massachusetts Supreme Judicial Court

Decided November 28, 1916PublishedCited by 7 opinions

Contract by the administratrix of the estate of Zephirin Potvin of Fall River, who also was his widow, on seven policies of insurance upon the life of the plaintiff’s intestate.

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Contract by the administratrix of the estate of Zephirin Potvin of Fall River, who also was his widow, on seven policies of insurance upon the life of the plaintiff’s intestate. Writ dated December 15, 1914. The defendant filed a petition of interpleader under R. L. c. 173, § 37, admitting its liability upon the policies of life insurance described in the declaration in the sum of $1,235.87 in all, which sum was alleged not be to in dispute, setting forth the claims of the various persons named in the opinion, stating that the defendant had no interest in the matter in controversy and had…

1Opinion of the CourtPugg, C. J.

This is an action of contract brought by an administratrix to recover upon seven policies of insurance issued by the defendant upon the life of her intestate. The insurance company filed a petition of interpleader acknowledging its liability upon the policies, averring that certain other persons had demanded payment of it on the policies, and bringing the moneys due on the policies into court to await final judgment.

This procedure is within the express terms of R. L. c. 173, § 37, and was regular. Connecticut Mutual Life Ins. Co. v. Cook, 219 Mass. 222, was a different kind of case. The…

2Cases cited14 opinions

  1. Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
  2. Grigsby v. RussellSupreme Court of the United States · 1911
  3. Lewis v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1901
  4. Herbert v. SimsonMassachusetts Supreme Judicial Court · 1915
  5. Nashville Trust Co. v. First National BankTennessee Supreme Court · 1910

9 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. McDonald v. McDonaldSupreme Court of Alabama · 1926
  2. Strachan v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1947
  3. Abbruzise v. SposataMassachusetts Supreme Judicial Court · 1940
  4. Zolintakis v. OrfanosCourt of Appeals for the Tenth Circuit · 1941
  5. Ponlain v. SullivanMassachusetts Supreme Judicial Court · 1941

2 more not listed; retrieve them via the Exa API.

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