McMahon v. Eagle Life Ass'n
Massachusetts Supreme Judicial Court
Two actions OF contract, upon judgments rendered by the District Court of the Third Judicial District of Nebraska, in actions on certificates of membership issued by the defendants respectively to John C. McMahon, and payable in case of death to the plaintiff. The cases were tried together in the Superior Court, without a jury, before Graskill, J., who found for the plaintiff in each case; and the defendants alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
These are actions upon judgments rendered by the District Court of the Third Judicial District of Nebraska. The defendants appeared by counsel in that court,, and filed their answers, and the cases were tried. Without denying the general jurisdiction of the court over the subject and over themselves, they contended that the amounts to be paid to the beneficiary under their respective certificates should not exceed in any case the amount realized by them from one assessment made upon all the members assessable at the death of the person insured; but it was determined otherwise. The defendants…
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