Brown v. Mass. M. L. Ins.
Supreme Court of New Hampshire
Assumpsit, on a policy of life insurance, No. 36,232, dated December 31, 1874, for $1,000, on the life of R. B., which was delivered to the plaintiff as the agent of his son, R. B., by Hodgdon, an agent of the defendants. The receipt for the first premium, of cash $61.20, plus loan note for $30 = $91.20, was also delivered with the policy.
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Assumpsit, on a policy of life insurance, No. 36,232, dated December 31, 1874, for $1,000, on the life of R. B., which was delivered to the plaintiff as the agent of his son, R. B., by Hodgdon, an agent of the defendants. The receipt for the first premium, of cash $61.20, plus loan note for $30 = $91.20, was also delivered with the policy. The plaintiff offered in evidence another policy, No. 32,036, dated September 10, 1872, from the defendants to R. B., the delivery of which was proved; and also the delivery of another similar one, of the same date, from the defendants to the plaintiff’s…
1Opinion of the CourtFoster, J.
If the plaintiff’s evidence is insufficient to warrant the jury in finding a verdict in his favor, and if the defendants’ evidence does not supply the defect, and so all the evidence in the case is legally incompetent to sustain a verdict for the plaintiff, a motion for a nonsuit should be granted. And in such a case it does not seem to be material whether the motion is made at the close of the plaintiff’s case, or whether it is delayed till all the evidence is in. Pillsbury v. Pillsbury, 20 N. H. 90; Fletcher v. Thomp son, 55 N. H. 308; Oakes v. Thornton, 28 N. H. 44. The motion for a…
2Cases cited17 opinions
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Hoffman v. John Hancock Mutual Life InsuranceSupreme Court of the United States · 1876
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3Cited by1 opinion
- Farnham v. AndersonSupreme Court of New Hampshire · 1907