Legal Opinion

Hayes v. Penn Mutual Life Insurance

Massachusetts Supreme Judicial Court

Decided January 7, 1916PublishedCited by 16 opinions

Bill in equity, filed in the Superior Court on March 12, 1914, and afterwards amended, and under St. 1911, c. 284, removed to the Supreme Judicial Court.

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Bill in equity, filed in the Superior Court on March 12, 1914, and afterwards amended, and under St. 1911, c. 284, removed to the Supreme Judicial Court. The allegations of the bill were in substance that the plaintiff, after negotiations with soliciting agents of the defendant, made an application for a thirty year endowment policy, understanding that the policy would be payable at the end of the endowment period, December 1, 1916, to him, if he then was living, or if he should die before that time, that it would be payable to bis wife, her executors, administrators or assigns; that his…

1Opinion of the CourtRugg, C. J.

This is a suit in equity whereby the plaintiff seeks to reform an endowment policy of life insurance, issued by the defendant in 1886. The policy is upon the life of the plaintiff, payable to his wife and her executors, administrators and assigns at the expiration of thirty years, or upon his decease before that time. The wife has deceased. The plaintiff avers that by the mutual mistake both of himself and the defendant insurance company the policy was made in that form, and that both intended that the policy should be made payable to bim at the maturity of the endowment period, and payable…

2Cases cited11 opinions

  1. Harvey-Watts Co. v. Worcester Umbrella Co.Massachusetts Supreme Judicial Court · 1906
  2. Lindsey v. BirdMassachusetts Supreme Judicial Court · 1906
  3. Day v. MillsMassachusetts Supreme Judicial Court · 1913
  4. Dzuris v. PierceMassachusetts Supreme Judicial Court · 1913
  5. Page v. HigginsMassachusetts Supreme Judicial Court · 1889

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Moss v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1923
  2. Cook v. MosherMassachusetts Supreme Judicial Court · 1922
  3. Martell v. DoreyMassachusetts Supreme Judicial Court · 1920
  4. L. B. Menefee Lumber Co. v. GambleOregon Supreme Court · 1925
  5. Burke v. McLaughlinMassachusetts Supreme Judicial Court · 1923

11 more not listed; retrieve them via the Exa API.

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