McNicholas v. Prudential Insurance Co. of America
Massachusetts Supreme Judicial Court
The following statement of the case is taken from the opinion of the court: This is an action on a policy of insurance dated October 9, 1899, whereby, so far as is material here, the defendant agreed in consideration of a weekly payment of fifteen cents to pay to the administratrix of the insured $201, unless settlement should be made under article second, on proof of death of the insured during the continuance of this policy, which is issued subject to the conditions on the…
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The following statement of the case is taken from the opinion of the court: This is an action on a policy of insurance dated October 9, 1899, whereby, so far as is material here, the defendant agreed in consideration of a weekly payment of fifteen cents to pay to the administratrix of the insured $201, unless settlement should be made under article second, on proof of death of the insured during the continuance of this policy, which is issued subject to the conditions on the back. Of those conditions the following are material in this case: “ 2nd. . . . The Company may make any payment…
1Opinion of the CourtLoring, J.
[After the foregoing statement of the case.] The plaintiff’s contention is that by force of each weekly payment the policy continues in force for the coming week. Consequently, if the disputed payment is to stand, the last payment made was for the premium due July 27, by which the policy was continued in force until August 3, and the policy would not be four weeks in arrears until August 31, three days after the date of the death of the insured. This has not been con*308troverted by the defendant. ■ Nevertheless it contends that as matter of law the defendant should have had a verdict.
1. The…
2Cases cited7 opinions
- United States v. RobesonSupreme Court of the United States · 1835
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1892
- Shea v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1894
- Hodsdon v. Guardian Life InsuranceMassachusetts Supreme Judicial Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McNamara v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Kukuruza v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1931
- Bogosian v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1944
- Bruzas v. Peerless Casualty Co.Supreme Judicial Court of Maine · 1913
- Walsh v. Fore River Shipbuilding Co.Massachusetts Supreme Judicial Court · 1918
3 more not listed; retrieve them via the Exa API.