Carrigan v. Massachusetts Benefit Ass'n
United States Circuit Court
This was an action brought to recover $5,000 on a policy of insurance on the life of Mary A. McCaffrey, for the benefit of her sister, Margaret Carrigan, the plaintiff. The declaration was in covenant, and set out the policy at length.
Read the full summary
This was an action brought to recover $5,000 on a policy of insurance on the life of Mary A. McCaffrey, for the benefit of her sister, Margaret Carrigan, the plaintiff. The declaration was in covenant, and set out the policy at length. The defendants filed a plea of “covenants performed, absque hoc, with leave to give in evidence the special matter,” and several special pleas, alleging — First, that the application on which the policy was issued was a forgery; that Mary A. McCaffrey never signed it; second, that the insured was in the last stage of consumption at the time the application was…
1Opinion of the CourtButler, J.
When this case was previously tried this application was produced, as it is now, for the purpose of proving fraud. I said then it was not necessary to consider (in the view I took of the law) whether the statute is in any case applicable to the trial of a cause in this court. I intimated no opinion or impression respecting it. Since that time this question has been decided, not upon this statute, hut upon a similar statute, in New York. The statute is held to be applicable to trial in this court.
The decision of that question, however, now, as it then was, is unnecessary, because the statute,…
2Cited by6 opinions
- Southwestern Surety Ins. Co. v. Hico Oil MillTexas Commission of Appeals · 1921
- Hews v. Equitable Life Assur. SocietyCourt of Appeals for the Third Circuit · 1906
- New York Life Ins. Co. v. CrumptonSupreme Court of Alabama · 1935
- Adams v. Manhattan Life Ins. Co.Court of Appeals of Tennessee · 1939
- Lindsey v. Metropolitan Life InsuranceCourt of Appeals of Tennessee · 1929
1 more not listed; retrieve them via the Exa API.