Stokell v. Kimball
Supreme Court of New Hampshire
Assumpsit for money liad and received, and for money collected, on a policy of life insurance for the plaintiff’s benefit. Plea, the general issue. John Stokell, the plaintiff’s husband, took a policy of insurance on his life, of the Mass. Mut. Life Ins. Co., Dec. 14, 1865, for $2,500, for the benefit of his wife. The policy was by its terms payable to the assured, his executors, administrators, and assigns.
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Assumpsit for money liad and received, and for money collected, on a policy of life insurance for the plaintiff’s benefit. Plea, the general issue. John Stokell, the plaintiff’s husband, took a policy of insurance on his life, of the Mass. Mut. Life Ins. Co., Dec. 14, 1865, for $2,500, for the benefit of his wife. The policy was by its terms payable to the assured, his executors, administrators, and assigns. July 21, 1876, the policy was assigned in writing, under seal, by John Stokell and his wife to the Buckingham Ten Cents Savings-Bank, arid pledged and delivered to the bank as collateral…
1Opinion of the CourtFoster, J.
The first question in this case is controlled by the statute of 1876, c. 32 (Gen. Laws, c. 183, s. 12), which, by legislative provision, took effect July 18,1876, three days before the date of the assignment. The statute declares that “no contract or conveyance by a married woman, as surety or guarantor for her husband, nor any undertaking by her for him or in his behalf, shall be binding on her.” The assignment was an undertaking by the wife for her husband, and in his behalf, concerning an obligation in which she had no pecuniary interest, and so is not binding on her. Under the statute,…
2Cases cited5 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
- Connecticut Mutual Life Insurance v. BurroughsSupreme Court of Connecticut · 1867
- Burroughs v. State Mutual Life Assurance Co.Massachusetts Supreme Judicial Court · 1867
- Charter Oak Life Insurance v. BrantSupreme Court of Missouri · 1871
3Cited by4 opinions
- Parsons v. McLaneSupreme Court of New Hampshire · 1887
- Kimball v. GilmanSupreme Court of New Hampshire · 1880
- Storrs & Bement Co. v. WingateSupreme Court of New Hampshire · 1892
- Tennant v. UptonSupreme Court of New Hampshire · 1916