York v. Flaherty
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on July 25,1907, by the administrator with the will annexed of the estate of one John J. Flaherty, late of Gloucester, against the widow of the decedent, Mabel E. Flaherty, and his son, John J. Flaherty, Jr., and the Massachusetts Mutual Life Insurance Company, alleging that the estate was insolvent and seeking an accounting with regard to, and the recovery of, sums alleged to have been paid to the defendant insurance company by…
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Bill in equity, filed in the Superior Court on July 25,1907, by the administrator with the will annexed of the estate of one John J. Flaherty, late of Gloucester, against the widow of the decedent, Mabel E. Flaherty, and his son, John J. Flaherty, Jr., and the Massachusetts Mutual Life Insurance Company, alleging that the estate was insolvent and seeking an accounting with regard to, and the recovery of, sums alleged to have been paid to the defendant insurance company by the decedent in fraud of his creditors as premiums upon two policies of life insurance, one • for $10,000 and one for…
1Opinion of the CourtSheldon, J.
1. It is not disputed that Mrs. Flaherty is entitled to hold the net proceeds of the $10,000 policy on the life of her late husband, or that subject to the statute of limitations she is liable to account to the plaintiff for the premiums which were paid thereon by her husband. R. L. c. 118,- § 73. St. 1907, c. 576, § 73. Bailey v. Wood, 202 Mass. 549. Bailey v. Wood, 202 Mass. 562. The master ruled that this liability was for the premiums paid within six years before the bringing of the suit; the plaintiff contends that his cause of action did not accrue until the death of Mr. Flaherty, and…
2Cases cited16 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Matthews v. ThompsonMassachusetts Supreme Judicial Court · 1904
- Putney v. FletcherMassachusetts Supreme Judicial Court · 1889
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1909
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1909
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Fourth National Bank v. MeadMassachusetts Supreme Judicial Court · 1913
- McCarthy v. GriffinMassachusetts Supreme Judicial Court · 1938
- Sliski v. KrolMassachusetts Supreme Judicial Court · 1972
- Lanning v. ParkerNew Jersey Court of Chancery · 1915
- Borg v. McCroskeryNew Jersey Court of Chancery · 1936
7 more not listed; retrieve them via the Exa API.