Massachusetts Mutual Life Insurance v. Kellogg

This is an action of assumpsit, by Walter B. Kellogg, upon a life insurance policy issued to Henry H. Kellogg on July 27, 1868, insuring the life of Henry for the term of 23 years, (beginning at noon of the day of the date of the policy,) in the amount of $1000, payable 90 days after proof and notice that he had attained the age of 45 years, or died prior to attaining that age; the sum insured in the latter contingency being for the benefit of Walter, the father of the assured. The policy is set out vn hcee verba in the bill of exceptions.

The declaration was filed April 23d, 1875. To it was…