McCann v. Metropolitan Life Insurance
Massachusetts Supreme Judicial Court
Contract, for money had and received, to recover $565 paid to the defendant for premiums upon a policy of insurance upon the life of Timothy Sullivan, less $10 received as a dividend.
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Contract, for money had and received, to recover $565 paid to the defendant for premiums upon a policy of insurance upon the life of Timothy Sullivan, less $10 received as a dividend. Writ dated January 2, 1899. At the trial in the Superior Court, before Maynard, J., it appeared that, through one Manning, an agent of the defendant, the plaintiff procured a policy of insurance for $500 upon the life of Timothy Sullivan, for the benefit of Mary Sullivan, daughter of said Timothy, the plaintiff agreeing to pay the premiums. Mary Sullivan was a cousin of the plaintiff’s wife, and the plaintiff…
1Opinion of the CourtLathrop, J.
The defendant, in 1887, issued a policy of insurance in the sum of $500, upon the life of Timothy Sullivan, for the benefit of Mary Sullivan, the daughter of Timothy. The policy was delivered to the plaintiff, who kept it for some time and then delivered it to Mary Sullivan. He paid the premiums on the policy to the amount of $565, when payments ceased and the policy lapsed. This action is brought to recover that amount, less $10 received as a dividend.
The ground of the plaintiff’s claim is that the policy was void and never attached, by reason of the failure to comply with certain rules of…
2Cases cited3 opinions
- Fisher v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1894
- Fisher v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1894
- Sullivan v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1899
3Cited by4 opinions
- Mahoney v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1910
- Burdette v. Columbus Mutual Life InsuranceWest Virginia Supreme Court · 1917
- Druckenmiller v. Prudential Insurance Co. of AmericaCourt of Appeals for the D.C. Circuit · 1916
- Dight v. Palladium Life Insurance Co.Supreme Court of Minnesota · 1937