Pierce v. Charter Oak Life Insurance
Massachusetts Supreme Judicial Court
Contract. Writ dated September 9,1882. The declaration was as follows : “ And the plaintiff says that the defendant corporation made a. policy of insurance upon the life of Alanson K. Josselyn, numbered 28,884, and bearing date November 8, 1867, for the sum of five thousand dollars, the original of which policy the plaintiff craves leave to refer to and make part of this his declaration, and to bring the same into court, whereby and wherein [for] the consideration of a…
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Contract. Writ dated September 9,1882. The declaration was as follows : “ And the plaintiff says that the defendant corporation made a. policy of insurance upon the life of Alanson K. Josselyn, numbered 28,884, and bearing date November 8, 1867, for the sum of five thousand dollars, the original of which policy the plaintiff craves leave to refer to and make part of this his declaration, and to bring the same into court, whereby and wherein [for] the consideration of a certain premium therein named to be paid for a period therein named to the said company, it agreed to pay or cause to be paid…
1Opinion of the CourtField, J.
The declaration considered apart from the policy is unintelligible. It does not allege that Alanson K. Josselyn *159has died, or that anything has happened whereby, by the terms of the policy, any sum of money has become payable. But the defendant did not demur to it, or move the court before the trial that a copy of the policy be filed, or that the particular breach in the contract on which the plaintiff relied be specified. There cannot be said to be a variance between the policy put in evidence and the declaration, because the declaration refers to the policy, and does not set out any contract…
2Cases cited3 opinions
- Flynn v. North American Life InsuranceMassachusetts Supreme Judicial Court · 1874
- Brigham v. Home Life InsuranceMassachusetts Supreme Judicial Court · 1881
- Burrows v. GloverMassachusetts Supreme Judicial Court · 1871
3Cited by20 opinions
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Ratner v. Canadian Universal Ins. Co. Ltd.Massachusetts Supreme Judicial Court · 1971
- Waters v. Security Life & Annuity Co.Supreme Court of North Carolina · 1907
- Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
- Hutchinson v. Liverpool & London & Globe InsuranceMassachusetts Supreme Judicial Court · 1891
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