Downs v. Knights of Columbus
Supreme Court of New Hampshire
Assumpsit, upon a policy of insurance on the life of the plaintiff’s husband. Trial by jury. A nonsuit was ordered by Chamberlin, J., at the March term, 1910, of the superior court, and the plaintiff excepted. At the time the policy was issued and thereafter the person insured was engaged in the liquor business. The defendant is a fraternal beneficiary association.
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Assumpsit, upon a policy of insurance on the life of the plaintiff’s husband. Trial by jury. A nonsuit was ordered by Chamberlin, J., at the March term, 1910, of the superior court, and the plaintiff excepted. At the time the policy was issued and thereafter the person insured was engaged in the liquor business. The defendant is a fraternal beneficiary association. Its by-laws provided that no one engaged in that occupation could be insured by it and that no local officer could waive this provision. Several members of the local body were so employed. No objection was made, and when one of…
1Opinion of the CourtPeaslee, J.
The by-laws relied upon to defeat a recovery here can have no greater effect than a similar provision in a policy of insurance. In either case the provision is only one of the terms of the contract, and a waiver of its stipulations may be found from a proved course of conduct. Dunn v. Insurance Co., 69 N. H. 224; Salvail v. Foresters, 70 N. H. 635; Lally v. Insurance Co., 75 N. H. 188. There was evidence of a waiver in the present case, and the plaintiff was entitled to go to the jury upon that issue. It is not necessary to decide whether the conduct of the subordinate lodge was binding upon…
2Cases cited3 opinions
- Security Mutual Life Insurance v. RileySupreme Court of Alabama · 1908
- Lord v. National Protective SocietyMichigan Supreme Court · 1902
- Lord v. National Protective SocietyMichigan Supreme Court · 1903
3Cited by2 opinions
- Steinhauer & Wight Inc. v. AdairCourt of Appeals of Georgia · 1917
- Langlois v. Association Canado-AméricaineSupreme Court of New Hampshire · 1919