Legal Opinion

Richardson v. White

Massachusetts Supreme Judicial Court

Decided October 23, 1896PublishedCited by 21 opinions

Bill in equity, to restrain the defendant White, administrator of the estate of Edson Clark, from collecting the proceeds of a certain life insurance policy on the life of the intestate, and asking that the New York Life Insurance Company be ordered to pay the same to the plaintiff. The insurance company filed an answer offering to pay the proceeds to whomsoever the court might direct.

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Bill in equity, to restrain the defendant White, administrator of the estate of Edson Clark, from collecting the proceeds of a certain life insurance policy on the life of the intestate, and asking that the New York Life Insurance Company be ordered to pay the same to the plaintiff. The insurance company filed an answer offering to pay the proceeds to whomsoever the court might direct. At the trial in the Superior Court, before G-askill, J., it appeared in evidence that in December, 1886, Clark obtained a policy of insurance on his life in the company, payable to himself, his executors or…

1Opinion of the CourtHolmes, J.

The plaintiff advanced money to the defendant’s intestate, Edson Clark, on the strength of the latter’s promising to take out, and taking out, this policy as security for the advances. Clark wrote into the policy on its face, “ Payable in case of death to Wm. H. Richardson, as his interest may appear,” and several times exhibited the policy to the plaintiff. These facts are sufficient to give the plaintiff the security which he understood that he got. Providence County Bank v. Benson, 24 Pick. 204, 210. Stearns v. Quincy Ins. Co. 124 Mass. 61, 62. It turns out that the plaintiff’s claim will…

2Cases cited3 opinions

  1. James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
  2. Stearns v. Quincy Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1878
  3. Low v. WelchMassachusetts Supreme Judicial Court · 1885

3Cited by21 opinions

  1. Ward v. New York Life InsuranceNew York Court of Appeals · 1919
  2. Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
  3. Herman v. Connecticut Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1914
  4. Security Bank of New York v. CallahanMassachusetts Supreme Judicial Court · 1915
  5. Edmund Wright Ginsberg Corp. v. C. D. Kepner Leather Co.Massachusetts Supreme Judicial Court · 1945

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