Lord v. Dall
Massachusetts Supreme Judicial Court
Assumpsit on a policy of assurance, made for $5000, in favor of the plaintiff, upon the life of Jabez Lord, her brother, aged thirty-three years, bound on a voyage to South America, or any other place he might proceed to from Boston, commencing the risk on the 16th of December, 1809, at noon, and to continue until the 16th of July, 1810, at noon ; for a premium of seven per cent.
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Assumpsit on a policy of assurance, made for $5000, in favor of the plaintiff, upon the life of Jabez Lord, her brother, aged thirty-three years, bound on a voyage to South America, or any other place he might proceed to from Boston, commencing the risk on the 16th of December, 1809, at noon, and to continue until the 16th of July, 1810, at noon ; for a premium of seven per cent. The defendant underwrote the sum of $500. „ At the trial of the cause upon the general issue, at the last November term, before the Chief Justice, it was proved, that the said Jabez had died, on the coast of Africa,…
1Opinion of the CourtParker, C. J.
In has been a question in the argument, whether a policy of assurance upon a life is a contract, which can be enforced by the laws of this State ; the law of England, as it is suggested, applicable to such contracts, never having been adopted and practised upon in this country.
It is true, that no precedent has been produced from our own records, of an action upon a policy of this nature. But whether this, has happened from the infrequency of disputes which have arisen, it being a subject of much less doubt and difficulty than marine insurances, or from the infrequency of such contracts, it is…
2Cited by50 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Helmetag's Adm'r v. MillerSupreme Court of Alabama · 1884
- Lewis v. Phœnix Mutual Life InsuranceSupreme Court of Connecticut · 1872
- Finlen v. HeinzeMontana Supreme Court · 1903
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