Seely v. Manhattan Life Insurance
Supreme Court of New Hampshire
Assumpsit, to recover the amount due on a life insurance policy issued by tbe defendants on tbe life of John S. Seely, payable at bis death to tbe plaintiff, his wife. Plea, tbe general issue, with a brief statement setting out cancellation for non-payment of premium, failure to furnish proofs of death, and the statute of limitations. Trial by jury, resulting in a disagreement.
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Assumpsit, to recover the amount due on a life insurance policy issued by tbe defendants on tbe life of John S. Seely, payable at bis death to tbe plaintiff, his wife. Plea, tbe general issue, with a brief statement setting out cancellation for non-payment of premium, failure to furnish proofs of death, and the statute of limitations. Trial by jury, resulting in a disagreement. Transferred from the October term, 1900, of the supreme court by Blodgett, C. J. The assured died March 18, 1894. The writ was dated March 14, 1900, and contained the common counts, from which was omitted the specific…
1Opinion of the CourtBingham, J.
1. The plaintiff’s right of action accrued not earlier than March 18, 1894, and suit was brought within six years thereafter. The declaration contained in the writ consisted of the common counts. While the ad damnum was stated, the specific sum sought to be recovered was omitted. The court permitted the plaintiff, without objection, to amend her declaration by adding new counts. The declaration, as first drawn, sufficiently stated a cause of action by which to amend. The cause of action was not changed by the amendment, and no reason appears why the suit was not seasonably brought.
2. The…
2Cases cited8 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
- Emery v. BurbankMassachusetts Supreme Judicial Court · 1895
- Miller v. . BrenhamNew York Court of Appeals · 1877
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3Cited by4 opinions
- Bachman v. Travelers InsuranceSupreme Court of New Hampshire · 1916
- Anderson v. Ætna Life InsuranceSupreme Court of New Hampshire · 1909
- Kilgore v. Loyal Protective Ass'nSupreme Court of New Hampshire · 1917
- Jones v. New York Life Ins. Co.Supreme Court of Oklahoma · 1912