National Shawmut Bank v. Fidelity Mutual Life Insurance

In this case we must decide which of the innocent parties must bear a loss caused by the forgery and fraud' of one Meissel, an insurance broker in the city of New York. The facts appear in a case stated. The judge made no decision, but reported the case under G. L. (Ter. Ed.) c. 231, § 111.

One Schneierson held life insurance policies on his own life in the defendant company and in five other life insurance companies. Evidently Meissel had the custody of the policies or at least access to them. On July 15, 1942, Meissel sent to the defendant the policy issued by it, together with an…