Legal Opinion

Knickerbocker Life Insurance v. Weitz

Massachusetts Supreme Judicial Court

Decided March 15, 1868PublishedCited by 36 opinions

Bill of interpleader to obtain instructions as to the disposition to be made of the amount due on a policy of insurance made on August 27, 1866, by the plaintiffs, a life insurance company established in New York, to Caroline, wife of Louis Stauff, of Boston, upon his life for a certain term, in consideration of a premium paid by her, and expressed to be for her benefit, and payable, when due, to her executors, administrators or assigns, and, in case of her death before the…

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Bill of interpleader to obtain instructions as to the disposition to be made of the amount due on a policy of insurance made on August 27, 1866, by the plaintiffs, a life insurance company established in New York, to Caroline, wife of Louis Stauff, of Boston, upon his life for a certain term, in consideration of a premium paid by her, and expressed to be for her benefit, and payable, when due, to her executors, administrators or assigns, and, in case of her death before the death of the assured, then “ payable, after the death of the latter, to her children by him, for their sole use, or to…

1Opinion of the CourtGbay, J.

The policy of insurance made by the plaintiffs on the life of Louis Stauff was effected, and the premium paid, by his wife, and the policy was expressed to be for her benefit, and payable, when due, to her and her executors, administrators or assigns; but if she should die before him, then, upon his ieath within the term insured, “ to her children by him, for their sole use, or to their guardian, if under age.” She did die before him, and he died before the expiration of the term for which his life was insured.

It does not appear, and is unimportant, whether this contract was made in…

2Cases cited2 opinions

  1. Burroughs v. State Mutual Life Assurance Co.Massachusetts Supreme Judicial Court · 1867
  2. Moehring v. MitchellNew York Court of Chancery · 1846

3Cited by36 opinions

  1. Central Bank of Washington v. HumeSupreme Court of the United States · 1888
  2. Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
  3. Tyler v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1917
  4. Fuller v. LinzeeMassachusetts Supreme Judicial Court · 1883
  5. Millard v. BraytonMassachusetts Supreme Judicial Court · 1901

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