Haskell v. Equitable Life Assurance Society of the United States
Massachusetts Supreme Judicial Court
Contract by the trustee in bankruptcy of Arthur S. Board-man for $692.50, alleged to be the cash surrender value of a policy of life insurance held by Boardman when adjudicated a bankrupt. Writ dated July 15, 1901. The defendant demurred to the declaration on the grounds stated by the court. The Superior Court sustained the demurrer; and the plaintiff appealed.
1Opinion of the CourtKnowlton, J.
The defendant’s demurrer to the declaration rests on two grounds, first, that it does not appear from the declaration that the policy has a cash surrender value; and secondly, that there is no averment that the beneficiary in the policy has ceased to have an interest in it, or has agreed to surrender it.
The contract does not, in terms, give the policy a surrender value, and if it has such a value it is by reason of some statute in reference to which it was made. The contract is to be performed in New York, but the declaration does not state nor from any of the writings does it plainly appear…
2Cases cited4 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
- Pingrey v. National Life InsuranceMassachusetts Supreme Judicial Court · 1887
- Everett v. DrewMassachusetts Supreme Judicial Court · 1880
3Cited by8 opinions
- Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
- Wilde v. WildeMassachusetts Supreme Judicial Court · 1911
- Blinn v. DameMassachusetts Supreme Judicial Court · 1911
- In re Simmons & GriffinCourt of Appeals for the First Circuit · 1919
- Pacific Mutual Life Insurance v. TurlingtonCourt of Appeals of Virginia · 1924
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