Mutual Life Insurance v. Allen
Massachusetts Supreme Judicial Court
Bill of interpleader, filed October 22, 1881, by a corporation organized under the laws of- the State of New York, against George Allen and Catherine Fellows, to determine which of the defendants was entitled to the proceeds of a policy of insurance, issued by the plaintiff on July 25, 1855, upon the life of Israel Fellows, in the sum of $2000. The bill alleged the following facts: By the terms of the policy it was issued “ for the sole use of Catherine Fellows,” and the…
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Bill of interpleader, filed October 22, 1881, by a corporation organized under the laws of- the State of New York, against George Allen and Catherine Fellows, to determine which of the defendants was entitled to the proceeds of a policy of insurance, issued by the plaintiff on July 25, 1855, upon the life of Israel Fellows, in the sum of $2000. The bill alleged the following facts: By the terms of the policy it was issued “ for the sole use of Catherine Fellows,” and the plaintiff promised and agreed “to and with the said assured, her executors, administrators, and assigns, well and truly to…
1Opinion of the CourtW. Allen, J.
The contract of insurance was made and was to be performed in this State, and the money due upon it has been paid into court here; and the contract of assignment was made in this State between parties domiciled here. The validity and effect of the assignment, and the capacity of the parties to it, must be governed by the laws of this State. The only question which requires discussion is, whether, by that law, the assignment is void for want of interest of the assignee in the life insured.
The policy, in consideration of an annual premium to be paid by Mrs. Fellows, assured the life of her…
2Cases cited17 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
12 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Cheeves v. Anders, AdministratorTexas Supreme Court · 1894
- Price v. Supreme Lodge Knights of HonorTexas Supreme Court · 1887
- Union Fraternal League v. WaltonSupreme Court of Georgia · 1899
- Shea v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1894
- Brown v. Greenfield Life Ass'nMassachusetts Supreme Judicial Court · 1899
51 more not listed; retrieve them via the Exa API.