Langdon v. Massachusetts Benefit Ass'n
Massachusetts Supreme Judicial Court
Contract, to recover $5,000 and interest, alleged to be due on a policy of insurance issued by the defendant on May 7,1884, on the life of Reuben Langdon. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, upon agreed facts, in substance as follows.
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Contract, to recover $5,000 and interest, alleged to be due on a policy of insurance issued by the defendant on May 7,1884, on the life of Reuben Langdon. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, upon agreed facts, in substance as follows. Reuben Langdon died on August 17, 1893. On August 11, 1893, the plaintiff wrote to the treasurer of the defendant enclosing a certified check for $80.88, the amount of an assessment and call made by the defendant on the policy, which papers were received in due course. The call was made in…
1Opinion of the CourtMorton, J.
The case of Margesson v. Massachusetts Benefit Association, 165 Mass. 262, is in point, and decisive of this case if it is open to the plaintiff to contend that he was not bound to pay the assessment. The defendant denies that it is open to the plaintiff to make that contention. It relies on the statement in the agreed facts that “the call was madé in accordance with the provisions in the said policy contained,” and on the inherent evidence afforded by the manner in which the agreed facts are drawn that no such question was intended to be raised. But it is to be observed that it is nowhere…
2Cases cited4 opinions
- Taylor v. ColeMassachusetts Supreme Judicial Court · 1873
- Copp v. WilliamsMassachusetts Supreme Judicial Court · 1883
- Hill v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1895
- Margesson v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1896
3Cited by3 opinions
- Supreme Council Catholic Knights of America v. FenwickCourt of Appeals of Kentucky · 1916
- Supreme Council Catholic Knights of America v. WathenCourt of Appeals of Kentucky · 1918
- Brockenbrough v. Mutual Reserve Life InsuranceSupreme Court of North Carolina · 1907