Faunce v. State Mutual Life Assurance Co.
Massachusetts Supreme Judicial Court
Contract on a policy of insurance upon the life of the plaintiff’s husband, Stephen Faunce (who died December 23, 1866); expressed to have been “ executed and delivered ” by the defendants September 1, 1866, “for the use of” the plaintiff.
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Contract on a policy of insurance upon the life of the plaintiff’s husband, Stephen Faunce (who died December 23, 1866); expressed to have been “ executed and delivered ” by the defendants September 1, 1866, “for the use of” the plaintiff. Trial, without a jury, before Colt, J., who, after admitting certain paroi evidence against the objection of the plaintiff, gave judgment-for the defendants, and reported the case for the revision of the full court. .The substance of the report is stated in the opinion
1Opinion of the CourtHoar, J.
This case is very simple, It is an action on a policy of life insurance. The plaintiff has no such policy. She undertook to show that the defendants agreed to issue such a policy, and that the terms on which it was to be issued were fully complied with; that the policy was written and executed, and thereby became a valid contract; and therefore, though the paper was not delivered, and remained in the hands of the defendants or their agents, that it is her property, and will support her action.
*280To meet this case, the defendants proved by paroi that it was agreed between the parties that the…
2Cited by15 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Moore v. Farmers' Mutual Insurance Asso.Supreme Court of Georgia · 1899
- Eaton v. N.Y. Life Ins. Co. of N.Y.Supreme Court of Pennsylvania · 1933
- Westman v. KrumweideSupreme Court of Minnesota · 1883
- Watkins v. BowersMassachusetts Supreme Judicial Court · 1876
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