Pingrey v. National Life Insurance
Massachusetts Supreme Judicial Court
Two ACTIONS OF CONTRACT upon two policies of insurance, issued by the defendant, a Vermont corporation, and payable to the plaintiffs respectively.
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Two ACTIONS OF CONTRACT upon two policies of insurance, issued by the defendant, a Vermont corporation, and payable to the plaintiffs respectively. The cases were submitted together to the Superior Court, and, after judgment for the plaintiff in the first case, and for the defendant in the second case, to this court, on appeal, upon agreed facts, in substance as follows : The defendant, on May 25,1874, issued its policy of insurance upon the life of Franklin A. Pingrey, on his application, he at that time being twenty-one years of age, containing the following clauses : “As soon as the…
1Opinion of the CourtC. Allen, J.
The objection that the actions ought to have been brought in the name of the legal representative of the assured, if valid, is waived. Bailey v. New England Ins. Co. 114 Mass. 177.
Under the agreed facts, it does not appear that there is any statute of Vermont applicable to the ease. The question presented, therefore, is to be decided on general principles, and is an open one in this Commonwealth. Gould v. Emerson, 99 Mass. 154.
*382It appears that, before the first policy was issued, there was an understanding between the assured and his mother and sister that it should be taken out for the…
2Cases cited7 opinions
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
- Bicker v. Charter Oak Life InsuranceSupreme Court of Minnesota · 1880
- Chapin v. FellowesSupreme Court of Connecticut · 1869
- Lemon v. Phœnix Mutual Life InsuranceSupreme Court of Connecticut · 1871
- Wilburn v. WilburnIndiana Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Bingham v. United StatesSupreme Court of the United States · 1935
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Arnold v. Empire Mutual Annuity & Life InsuranceCourt of Appeals of Georgia · 1908
- Tyler v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1917
- Shipman v. . Protected Home CircleNew York Court of Appeals · 1903
27 more not listed; retrieve them via the Exa API.