Barton v. Provident Mutual Relief Ass'n
Supreme Court of New Hampshire
The first case is covenant broken, to recover $2,000 as a benefit payable upon the death of George G. Barton. The second is assumpsit to recover the same benefit. Facts agreed. August 16, 1881, George C. Barton made application to the defendants for membership. In this application was the following: “ I wish this benefit to be paid to my wife, Sarah A. Barton.”
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The first case is covenant broken, to recover $2,000 as a benefit payable upon the death of George G. Barton. The second is assumpsit to recover the same benefit. Facts agreed. August 16, 1881, George C. Barton made application to the defendants for membership. In this application was the following: “ I wish this benefit to be paid to my wife, Sarah A. Barton.” A certificate of membership, in due form, was issued to him August 17, 1881, numbered 1,629, which contained the following-: “In accordance with the provisions and laws governing said association, a sum not exceeding $2,000 will be…
1Opinion of the CourtAllen, J.
The mutual contract between the husband of the plaintiff, Sarah A. Barton, and the defendant association, provided for a consideration to be paid as a condition of membership, and further sums to be paid annually and at other times as assessments, by one party, and a sum not exceeding $2,000, to be ascertained by rules certain, to be paid by the other party, on the death of the member, to any person designated by him, and is in form and substance a contract of life insurance. May on Ins. 1; Commonwealth v. Wetherbee, 105 Mass. 149.
The contract, though one of life insurance, must be…
2Cases cited1 opinion
- Commonwealth v. WetherbeeMassachusetts Supreme Judicial Court · 1870
3Cited by12 opinions
- Modern Woodmen of America v. HeadleSupreme Court of Vermont · 1914
- Cade v. Head Camp, Pacific Jurisdiction, Woodmen of WorldWashington Supreme Court · 1902
- Knights of Honor v. WatsonSupreme Court of New Hampshire · 1888
- In Re MonahanUnited States Bankruptcy Court, D. New Hampshire · 1994
- Bennett v. BennettWest Virginia Supreme Court · 1950
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