Unity Mutual Life Assurance Ass'n v. Dugan
Massachusetts Supreme Judicial Court
Bill of interpleader by the Unity Mutual Life Assurance Association against Ellen Dugan and John Henry Dugan, to determine to whom it should pay the proceeds of a policy of life insurance issued by the association to John Dugan, January 19, 1869, upon his life, “ for the sole use of his wife,” Ellen M. Dugan.
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Bill of interpleader by the Unity Mutual Life Assurance Association against Ellen Dugan and John Henry Dugan, to determine to whom it should pay the proceeds of a policy of life insurance issued by the association to John Dugan, January 19, 1869, upon his life, “ for the sole use of his wife,” Ellen M. Dugan. The policy contained the following provision : “ No assignment of this policy shall be made except for the benefit of the wife or children of the assured life, if there be any such; otherwise it may be assigned to any person with the written consent of some director or other officer of…
1Opinion of the CourtGray, C. J.
The policy obtained by John Dugan upon his life being expressed to be for the sole use of his wife, her interest therein could not be affected by any assignment thereof by the husband. Gen. Sts. c. 58, § 62. Gould v. Emerson, 99 Mass. 154. But not being a party to the contract, nor named therein as payee, she could not maintain an action at law thereon. Bailey v. New England Ins. Co. 114 Mass. By an express provision of the policy, which could not be dispensed with by the officers of the association, the assignment by the husband to his sister, not being expressed to be for the benefit of his…
2Cases cited3 opinions
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
- Connecticut Mutual Life Insurance v. BurroughsSupreme Court of Connecticut · 1867
- Burroughs v. State Mutual Life Assurance Co.Massachusetts Supreme Judicial Court · 1867
3Cited by19 opinions
- Rindge v. New England Mutual Aid SocietyMassachusetts Supreme Judicial Court · 1888
- Witherington v. NickersonMassachusetts Supreme Judicial Court · 1926
- Norris v. Massachusetts Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1881
- Keel v. VinyardIdaho Supreme Court · 1929
- Tremblay v. Ætna Life InsuranceSupreme Judicial Court of Maine · 1903
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