Boyden v. Massachusetts Mutual Life Insurance
Massachusetts Supreme Judicial Court
Contract upon two policies of life insurance. Writ dated April 17, 1890. The case was submitted to the Superior Court upon agreed facts, in substance as follows.
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Contract upon two policies of life insurance. Writ dated April 17, 1890. The case was submitted to the Superior Court upon agreed facts, in substance as follows. The plaintiff was the administratrix of the estate of Warren E. Boyden, who died in 1889. The defendant company in 1864 issued its policy of insurance numbered 7,629 for $2,000, and in 1869 another numbered 22,307 for $3,000, both upon the life of Warren E., and each made payable “ to the assured, his executors, administrators, or assigns.” The policy numbered 7,629 contained this clause: “ Said sum insured being for the express…
1Opinion of the CourtKnowlton, J.
We have no occasion to consider whether an action can be maintained in the name of the administrator of an assured person, upon a policy of life insurance payable to “ the assured, his executors, administrators, or assigns,” which has been assigned as collateral security to the insurance company which issued the policy; for the parties have agreed that, if the defendant’s set-off is not allowed, judgment is to be entered for the plaintiff, and if it is allowed, the judgment is to be for the defendant for the balance due.
*546The plaintiff, in the agreed statement of facts, has admitted the…
2Cases cited5 opinions
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
- Knickerbocker Life Insurance v. WeitzMassachusetts Supreme Judicial Court · 1868
- Pingrey v. National Life InsuranceMassachusetts Supreme Judicial Court · 1887
- Blackler v. BoottMassachusetts Supreme Judicial Court · 1873
- Ray v. DennisSupreme Court of Georgia · 1848
3Cited by18 opinions
- Tyler v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1917
- Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
- Another v. Brookline Trust Co.Massachusetts Supreme Judicial Court · 1917
- Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916
- Wilde v. WildeMassachusetts Supreme Judicial Court · 1911
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