Potter v. Spilman
Massachusetts Supreme Judicial Court
Bill in equity, filed March 18, 1874, against Mary P. Spilman and the Provident Life & Trust Company, to compel the first named defendant, the plaintiff’s sister, to assign to him, or to give her written assent for the transfer of, a policy of life insurance under seal, whereby the defendant company insured the life of the plaintiff in the sum of $3000, and agreed with the insured, his executors, administrators and assigns, to pay the sum insured to the defendant Spilman,…
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Bill in equity, filed March 18, 1874, against Mary P. Spilman and the Provident Life & Trust Company, to compel the first named defendant, the plaintiff’s sister, to assign to him, or to give her written assent for the transfer of, a policy of life insurance under seal, whereby the defendant company insured the life of the plaintiff in the sum of $3000, and agreed with the insured, his executors, administrators and assigns, to pay the sum insured to the defendant Spilman, her executors, &e. The bill also prayed that the defendant company, on receiving the old policy, should be ordered to…
1Opinion of the Court
By the Court.
The question argued by the counsel is but a moot point. Upon the facts in the report, the payee of the policy, whatever her rights therein may be, is under no obligation, by law or contract, to assign the policy to the plaintiff, nor the insurance company to assent to any assignment thereof.
Bill dismissed, with costs.
2Cited by2 opinions
- Concordia Fire Ins. Co. of Milwaukee v. McCarty Motor Co.Court of Appeals of Texas · 1931
- Atkins v. Equitable Life Assurance Society of the United StatesMassachusetts Supreme Judicial Court · 1882