Atkins v. Equitable Life Assurance Society of the United States
Massachusetts Supreme Judicial Court
Contract for money had and received, with a count alleging that the defendant issued a policy of insurance on the life of Warren Fisher; that the policy was assigned to the plaintiff, who became the legal holder thereof, with the consent of the defendant; that the defendant agreed with the plaintiff that, in consideration of the plaintiff’s surrendering the policy, the defendant would pay the plaintiff the value thereof; that the plaintiff thereupon surrendered the policy to…
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Contract for money had and received, with a count alleging that the defendant issued a policy of insurance on the life of Warren Fisher; that the policy was assigned to the plaintiff, who became the legal holder thereof, with the consent of the defendant; that the defendant agreed with the plaintiff that, in consideration of the plaintiff’s surrendering the policy, the defendant would pay the plaintiff the value thereof; that the plaintiff thereupon surrendered the policy to the defendant, but the defendant refused to pay the plaintiff the value thereof. The answer admitted the issuing of a…
1Opinion of the CourtDevens, J.
Warren Fisher having been declared a bankrupt, the defendant, who had made a paid-up policy of insurance for the sum of $4000 payable to Fisher on January 30, 1886, but if he should die before that date payable immediately to his wife, Virginia E. Fisher, authorized Henry T. Blodget to give the cash value of $3000 for the policy if the same- could be purchased within thirty days, informing him that Fisher and his wife were the only persons known to be interested in the policy.
In this policy Mrs. Fisher had a distinct interest, which did not pass to the assignees in bankruptcy of Warren…
2Cases cited4 opinions
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
- Knickerbocker Life Insurance v. WeitzMassachusetts Supreme Judicial Court · 1868
- Unity Mutual Life Assurance Ass'n v. DuganMassachusetts Supreme Judicial Court · 1875
- Potter v. SpilmanMassachusetts Supreme Judicial Court · 1875
3Cited by2 opinions
- Elmore v. SymondsMassachusetts Supreme Judicial Court · 1903
- In re WellingCourt of Appeals for the Seventh Circuit · 1902