Markey v. Mutual Benefit Life Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance by the defendants of the life of the plaintiff’s former husband, James W. Hoyt, in the sum of $3000 payable on his death to the plaintiff. The answer denied the completion of any contract of insurance. This is the same action a previous stage of which was reported 98 Mass. 539, under the name of Hoyt v. Mutual Benefit Insurance Co., the plaintiff having originally sued under her name of Eliza J. Hoyt, but now being remarried.
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Contract on a policy of insurance by the defendants of the life of the plaintiff’s former husband, James W. Hoyt, in the sum of $3000 payable on his death to the plaintiff. The answer denied the completion of any contract of insurance. This is the same action a previous stage of which was reported 98 Mass. 539, under the name of Hoyt v. Mutual Benefit Insurance Co., the plaintiff having originally sued under her name of Eliza J. Hoyt, but now being remarried. At the new trial, before Lord, J., the following facts appeared, on the evidence, not to be in dispute: The defendants were a mutual…
1Opinion of the CourtWells, J.
This case was presented to the jury, in the superior court, under instructions that, as matter of law, the plaintiff 11 is not entitled to recover, unless there was a policy made and delivered within the lifetime of Hoyt, or such acts done as are in law equivalent to a delivery of the policy.” Previously to the arguments of counsel, the judge had announced his rulings, “ that there is no evidence to warrant the jury in finding that there was any other agreement between the parties than that of a contract of insurance in the ordinary mode by a policy of in*86surance; ” and that, “ in order to…
2Cases cited3 opinions
- Brightman v. EddyMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. O'MalleyMassachusetts Supreme Judicial Court · 1867
- Hoyt v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1868
3Cited by43 opinions
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
- Boston Steel & Iron Co. v. SteuerMassachusetts Supreme Judicial Court · 1903
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- Heiman v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
- Hillyer v. DickinsonMassachusetts Supreme Judicial Court · 1891
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