Considine v. Metropolitan Life Insurance
Massachusetts Supreme Judicial Court
Contract. The first case was upon a policy of insurance for $500, issued by the defendant upon the life of Michael Considine, and the second case was upon a policy for $500, issued by the defendant upon the life of William Langan. At the trial in the Superior Court, before Sherman, J., it appeared that the insured were of full age, knew of and consented to the policies, and were examined by a physician on behalf of the company before the policies were issued.
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Contract. The first case was upon a policy of insurance for $500, issued by the defendant upon the life of Michael Considine, and the second case was upon a policy for $500, issued by the defendant upon the life of William Langan. At the trial in the Superior Court, before Sherman, J., it appeared that the insured were of full age, knew of and consented to the policies, and were examined by a physician on behalf of the company before the policies were issued. In the first case, the judge, at the close of the testimony for the plaintiff, the defendant introducing no evidence, directed the jury…
1Opinion of the CourtLathrop, J.
1. The principal question, which is common to both these cases, is the construction to be given to the amendment made by the St. of 1893, c. 434, § 1, to the St. of 1887, c. 214, § 73, as amended by the St. of 1892, c. 372. The section of the St. of 1887 referred to related merely to the payment of premiums in fraud of creditors, and was intended to protect insurance companies paying policies without notice of the claims of creditors. The St. of 1892 amended this section by adding at the end the following words : “ In any claim arising under a *464policy which has been issued in this Commonwealth…
2Cases cited9 opinions
- Georgia Railroad & Banking Co. v. SmithSupreme Court of the United States · 1888
- United States v. BabbitSupreme Court of the United States · 1862
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1895
- Traders National Bank v. Lawrence M'f'g Co.Supreme Court of North Carolina · 1887
- Mayor of Cumberland v. MagruderCourt of Appeals of Maryland · 1871
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3Cited by28 opinions
- Lorando v. GethroMassachusetts Supreme Judicial Court · 1917
- Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
- New York Life Insurance v. HardisonMassachusetts Supreme Judicial Court · 1908
- Holcombe v. CreamerMassachusetts Supreme Judicial Court · 1918
- Brown v. Greenfield Life Ass'nMassachusetts Supreme Judicial Court · 1899
23 more not listed; retrieve them via the Exa API.