Hoyt v. Mutual Benefit Life Insurance
Massachusetts Supreme Judicial Court
Contract on the defendants’ policy of insurance on the life of the plaintiff’s husband, James W. Hoyt, for three thousand dollars, payable on his death to the plaintiff. The answer denied the completion of any contract of insurance.
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Contract on the defendants’ policy of insurance on the life of the plaintiff’s husband, James W. Hoyt, for three thousand dollars, payable on his death to the plaintiff. The answer denied the completion of any contract of insurance. At the trial in the superior court, before Lord, J., these facts appeared: William H. S. Jordan was in 1865 the general agent in Massachusetts of the defendants, a mutual life insurance company established under the laws of New Jersey, whose directors had made certain “ instructions and rules,” subject to which Jordan accepted his agency, with power to appoint…
1Opinion of the CourtWells, J.
It does not appear to have been understood or intended by the parties, that a contract of insurance should be effected otherwise than by receipt of the premium and delivery of the policy. The judge at the trial held “ that delivery of the policy was necessary to the completion of the contract; ” and the instructions were given upon that assumption. The principal question is, whether the instructions, upon which the jury *544have found such a delivery, were correct in law. The court are all of opinion that they were not correct. The premium was not paid; the policy was not delivered. Taking the…
2Cited by14 opinions
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
- McMaster v. New York Life Ins.Court of Appeals for the Eighth Circuit · 1899
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