Dwyer v. Mutual Life Insurance
Supreme Court of New Hampshire
Assumpsit, upon an insurance policy issued by tbe defendants upon tbe life of Hugh Dwyer, August 29, 1901, payable to the plaintiff. The insured died March 20, 1902. At the close of the evidence the jury were directed to return a verdict for the defendants, and the plaintiff excepted. Transferred from the September term, 1903, of the superior court by Peaslee, J.
1Opinion of the CourtParsons, C. J.
The defendants deny liability upon the policy of insurance in suit, upon the ground that the undisputed evidence discloses a broach of an express warranty in the contract necessarily fatal to its validity as matter of law. They further contend that the evidence does not disclose such insurable interest in the plaintiff as to enable him to maintain the action. The exception to the verdict ordered for the defendants cannot be sustained unless there was evidence upon both propositions which should have been submitted to the jury.
In the absence of statutory prohibition, of which no claim is made,…
2Cases cited5 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- White v. Provident Savings Life Assurance SocietyMassachusetts Supreme Judicial Court · 1895
- Dimick v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1903
- Monitor Mutual Fire Insurance v. BuffumMassachusetts Supreme Judicial Court · 1874
3Cited by3 opinions
- Davis v. United States Health & Accident InsuranceSupreme Court of New Hampshire · 1905
- Niemi v. Boston & Maine RailroadSupreme Court of New Hampshire · 1934
- Stratford v. EmployersDistrict Court, D. New Hampshire · 1996