Cobb v. Covenant Mutual Benefit Ass'n
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, to recover $2,500 on a certificate of membership in the defendant association, an Illinois corporation, issued to Pliny M. Cobb, for the benefit of his wife, Nellie L. Cobb. At the trial in the Superior Court, before Hammond, J., a jury go which issues were submitted answered the second issue in favor of the defendant, and the remainder in favor of the plaintiff; and the judge reported the case for the determination of this court.
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Bill in equity, filed in the Superior Court, to recover $2,500 on a certificate of membership in the defendant association, an Illinois corporation, issued to Pliny M. Cobb, for the benefit of his wife, Nellie L. Cobb. At the trial in the Superior Court, before Hammond, J., a jury go which issues were submitted answered the second issue in favor of the defendant, and the remainder in favor of the plaintiff; and the judge reported the case for the determination of this court. If certain rulings and instructions, to which the plaintiff excepted, were correct, the bill was to be dismissed;…
1Opinion of the Court
By the Court.
The subjoined opinion was prepared by Mr. Justice Devens, and was adopted as the opinion of the court after his death by the Justices who sat with him at the argument.
By the terms of his application, which is referred to and made a part of the benefit certificate issued to the insured, he warranted the answers to the questions propounded “ to be full, complete, and true,” and agreed that the answers and application should form the exclusive and only basis of the contract between himself and the defendant, and further agreed that, if “ any misrepresentations or fraudulent or…
2Cases cited6 opinions
- Continental Life Insurance v. RogersIllinois Supreme Court · 1887
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1876
- Metropolitan Life Insurance v. McTagueSupreme Court of New Jersey · 1887
- McCoy v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1882
- Clapp v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1888
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3Cited by45 opinions
- Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Metropolitan Life Insurance v. BrubakerSupreme Court of Kansas · 1908
- Nelson v. Nederland Life InsuranceSupreme Court of Iowa · 1900
- New York Life Ins. Co. v. McCarthyCourt of Appeals for the Fifth Circuit · 1927
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