Fisher v. Metropolitan Life Insurance
Massachusetts Supreme Judicial Court
Contract, for money bad and received. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows.
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Contract, for money bad and received. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. The plaintiff offered evidence tending to show that one William Bannigan was the duly authorized agent of the defendant to solicit insurance; that Bannigan solicited James G. Fisher, the plaintiff’s husband, to effect insurance upon his own life for the benefit of the plaintiff, which he refused to do; that afterwards Bannigan, without the knowledge of the husband, solicited the plaintiff to effect insurance upon her husband’s life for her benefit;…
1Opinion of the CourtField, C. J.
If this were an action on the policy, it could not be maintained on the evidence appearing in the exceptions. McCoy v. Metropolitan Ins. Co. 133 Mass. 82.
*391If the plaintiff, in collusion with Bannigan, the defendant’s agent, intended to cheat the company or practise a fraud upon it, then the money she has paid the company was paid in pursuance of this fraudulent intention, and she cannot recover it back; but if she was innocent of any fraudulent intent, and was deceived by Bannigan and induced by his fraudulent representations to make the application, then she could rescind the contract of…
2Cases cited2 opinions
- Hedden v. GriffinMassachusetts Supreme Judicial Court · 1884
- McCoy v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1882
3Cited by12 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
- American Mutual Life Insurance v. BertramIndiana Supreme Court · 1904
- Metropolitan Life Insurance v. BowserIndiana Court of Appeals · 1898
- Interstate Life & Accident Co. v. CookCourt of Appeals of Tennessee · 1935
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