Legal Opinion

Plympton v. Dunn

Massachusetts Supreme Judicial Court

Decided February 28, 1889PublishedCited by 11 opinions

Contbact upon a promissory note of $522.90, dated May 15, 1886, given by the defendant to the Penn Mutual Life Insurance Company, in payment of the first year’s premium on a policy issued by that company to him on his life, and indorsed to the plaintiffs. Writ dated November 5, 1886. The answer set up a failure of the consideration. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows.

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Contbact upon a promissory note of $522.90, dated May 15, 1886, given by the defendant to the Penn Mutual Life Insurance Company, in payment of the first year’s premium on a policy issued by that company to him on his life, and indorsed to the plaintiffs. Writ dated November 5, 1886. The answer set up a failure of the consideration. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows. The defendant testified, that, in making the application for the policy upon which it was based, in answer to the question contained therein, “ Whether he…

1Opinion of the CourtHolmes, J.

This is an action upon a note given for the first year’s premium of a policy of life insurance issued to the defendant. The defendant sets up that the agent employed to get the insurance wrote a different answer from that which he made to one of the questions in the application; that, by reason of the false answer, the insurance company was not bound by the policy; and that therefore he had a right to avoid the note. The defendant’s evidence is, that he received the policy on May 19, 1886, but did not look at it or discover the error for a month; that he was then at home sick, but, as we…

2Cases cited6 opinions

  1. Bassett v. BrownMassachusetts Supreme Judicial Court · 1870
  2. Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
  3. Metcalf v. WilliamsMassachusetts Supreme Judicial Court · 1887
  4. Mactier v. OsbornMassachusetts Supreme Judicial Court · 1888
  5. Oakes v. Manufacturers' Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. McNulty v. WhitneyMassachusetts Supreme Judicial Court · 1930
  2. Shotliff v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
  3. Fidelity & Casualty Co. v. PalmerSupreme Court of Connecticut · 1917
  4. Atwell v. JenkinsMassachusetts Supreme Judicial Court · 1895
  5. Winston v. City of PittsfieldMassachusetts Supreme Judicial Court · 1915

6 more not listed; retrieve them via the Exa API.

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