Rice v. New England Mutual Aid Society
Massachusetts Supreme Judicial Court
Contract to recover $5,000 on a certificate of membership in the defendant society issued to Thomas G. Rice, the husband of the plaintiff. The plaintiff, who was the beneficiary named in the certificate, died after the action was brought, and her administrator was. admitted to prosecute it.
Read the full summary
Contract to recover $5,000 on a certificate of membership in the defendant society issued to Thomas G. Rice, the husband of the plaintiff. The plaintiff, who was the beneficiary named in the certificate, died after the action was brought, and her administrator was. admitted to prosecute it. At the trial in the Superior Court, before Bacon, J., there was evidence tending to show the following facts : Rice died on December 17, 1885, and notice and proofs of his death were duly furnished to the defendant. The certificate contained the clause, that if the member should “ omit or neglect to pay to…
1Opinion of the CourtC. Allen, J.
If it be assumed that the payment made on August 19, 1885, was too late, the question remains whether the company by its subsequent acts waived a right to avoid the policy or certificate of insurance on that ground.
Without expressing any opinion as to-the effect of the retention of that money, we think the levy of the subsequent assessments, and the acceptance of the money paid upon them, amounted to such a waiver. When the time came for the levy of a new assessment, if Rice’s policy was to be treated as still in force, he would properly be included in the assessment; otherwise not. Under…
2Cases cited3 opinions
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Hodsdon v. Guardian Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Bouton v. American Mutual Life InsuranceSupreme Court of Connecticut · 1857
3Cited by24 opinions
- Mee v. Bankers' Life Ass'nSupreme Court of Minnesota · 1897
- Dromgold v. Royal Neighbors of AmericaIllinois Supreme Court · 1913
- Metropolitan Safety Fund Accident Ass'n v. WindoverIllinois Supreme Court · 1891
- Daniher v. Grand Lodge Ancient Order of United WorkmenUtah Supreme Court · 1894
- Kidder v. Supreme Commandery United Order of the Golden CrossMassachusetts Supreme Judicial Court · 1906
19 more not listed; retrieve them via the Exa API.