Flanagan v. John Hancock Mutual Life Insurance

The case is before us on the plaintiff’s two bills of exceptions arising out of an action of contract on a policy of life insurance issued by the defendant to William J. Flanagan (the insured) whose widow is the beneficiary of the policy and the plaintiff in the action. The first bill of exceptions relates to the order of the judge at the first trial setting aside the verdict for the plaintiff, and granting a new trial on the ground that “justice cannot be done between the parties without hearing the evidence referred to in the motion [for a new trial] and in the affidavits submitted in…