Moore v. Massachusetts Benefit Ass'n
Massachusetts Supreme Judicial Court
Contract, to recover 11,200 and interest, the balance alleged to be due on a policy of insurance for $2,000, issued by the defendant on October 14, 1885, on the life of Martha M. Moore, to the plaintiff, who was her husband.
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Contract, to recover 11,200 and interest, the balance alleged to be due on a policy of insurance for $2,000, issued by the defendant on October 14, 1885, on the life of Martha M. Moore, to the plaintiff, who was her husband. At the trial in the Superior Court, before Blodgett, J., it appeared that the plaintiff had received from the defendant $800, in full settlement of the claim; that the defendant held a release of all demands under seal executed by the plaintiff, and that before the bringing of the action the plaintiff did not tender the amount received by him to the defendant. At the…
1Opinion of the CourtAllen, J.
The plaintiff’s own testimony shows that he received the money and signed the release with the clear understanding that his claim was thereby satisfied and settled, so that he was thereafter to receive nothing further. There was no *518room for the suggestion that he was still to have a right of action left, and that the money was to apply only to a part of his claim. Under these circumstances he could not rescind the settlement and maintain an action on his claim without first returning the money which he received. Drohan v. Lake Shore Michigan Southern Railway, 162 Mass. 435, and cases there…
2Cases cited1 opinion
- Drohan v. Lake Shore & Michigan Southern Railway Co.Massachusetts Supreme Judicial Court · 1894
3Cited by6 opinions
- Brocklehurst & Potter Co. v. MarschMassachusetts Supreme Judicial Court · 1916
- Loomis v. PeaseMassachusetts Supreme Judicial Court · 1919
- Ewing v. Composite Brake Shoe Co.Massachusetts Supreme Judicial Court · 1897
- Bruce v. AndersonMassachusetts Supreme Judicial Court · 1900
- Webb v. LothropMassachusetts Supreme Judicial Court · 1916
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