North America Life Insurance v. Wilson
Massachusetts Supreme Judicial Court
Writ op review of a judgment of the Superior Court in favor of the defendant in review recovered in an action brought by him against the plaintiffs in review for money had and received, being the amount of premiums paid on a policy of insurance issued by them.
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Writ op review of a judgment of the Superior Court in favor of the defendant in review recovered in an action brought by him against the plaintiffs in review for money had and received, being the amount of premiums paid on a policy of insurance issued by them. At the trial on review in the Superior Court, before Putnam, J., the defendant in review introduced evidence tending to show that he negotiated a contract for life insurance with the plaintiffs in review, through one Pierce, their agent; that Pierce made certain fraudulent representations as to their policies; that at the request of the…
1Opinion of the CourtGray, J.
The policy of insurance was made to William F. Wilson and Andrew Wilson and was payable to them. John T. Wilson, whose life was thereby insured, was not a party to the contract. Campbell v. New England Insurance Co. 98 Mass. 381, 400. He had therefore no right to avoid the policy on the ground of fraud, and, even if the money paid by him for premiums was his own and not that of the assured, he cannot recover it back in this action.
Judgment on the verdict for the plaintiffs in review.
2Cases cited1 opinion
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
3Cited by10 opinions
- Glanz v. GloecklerIllinois Supreme Court · 1882
- Jurgens v. New York Life InsuranceCalifornia Supreme Court · 1896
- Nims v. FordMassachusetts Supreme Judicial Court · 1893
- Trabandt v. Connecticut Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1881
- Glanz v. GloecklerAppellate Court of Illinois · 1882
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