Kidder v. Supreme Commandery United Order of the Golden Cross
Massachusetts Supreme Judicial Court
Contract by the beneficiary named in a benefit certificate issued by the defendant, a fraternal beneficiary corporation, upon the life of the plaintiff’s mother, one Bertha L. Kidder.
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Contract by the beneficiary named in a benefit certificate issued by the defendant, a fraternal beneficiary corporation, upon the life of the plaintiff’s mother, one Bertha L. Kidder. Writ dated April 11, 1904. At the trial in the Superior Court before Stevens, J. the plaintiff introduced in evidence the benefit certificate, the application for insurance signed by the insured, the medical examiner’s report and the constitution and by-laws of the defendant, proved the death of the insured, and rested. The defence relied upon was that the certificate was void by reason of misrepresentations…
1Opinion of the CourtBraley, J.
The questions presented by these exceptions may be taken up in the order in which they appear in the record. Among the most important is the refusal to give five requests for rulings that as matter of law the answers of the insured in her application which forms a part of the contract having been untrue, and the representations being material, the certificate of insurance either never attached, or was voidable at the election of the defendant. Under St. 1894, c. 522, § 21, as amended by St. 1895, c. 271, now R. L. c. 118, § 21, which has been held to include fraternal beneficiary…
2Cases cited28 opinions
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. WetherbeeMassachusetts Supreme Judicial Court · 1870
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Dolan v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1899
23 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- McDonough v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1917
- Rocci v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1916
- New York Life Insurance v. HardisonMassachusetts Supreme Judicial Court · 1908
- Sullivan v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1961
- Schiller v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1936
22 more not listed; retrieve them via the Exa API.