McAllister v. New England Mutual Life Insurance
Massachusetts Supreme Judicial Court
Contract by the administratrix of the estate of Samuel McAllister, deceased, on a policy of insurance upon his life, for $5000, issued to him by the defendants.
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Contract by the administratrix of the estate of Samuel McAllister, deceased, on a policy of insurance upon his life, for $5000, issued to him by the defendants. The case was submitted to this court on an agreed statement of facts of which the material part was as follows: The defendants made and delivered to Samuel McAllister the policy sued on, which was dated April 11,1866, was numbered 21,104, and purported to be made “ in consideration of the premium of $120.50 to said company paid by Samuel McAllister, being the assured in this policy, and of a like sum to be paid to them by said assured…
1Opinion of the CourtGray, J.
The policy upon which this action is brought is expressed to be made in consideration of a premium already paid, and of a like sum to be paid annually during its continuance ; and “ does not take effect until the premium is paid.’ But it is agreed by the parties, in the case stated, that the defendants made and delivered the policy to the assured, and at the time *561of the delivery took for the first premium a certain sum in cash, and two notes of the assured, one payable in six months, and the other on demand after five years. Whatever were the powers of the directors, the corporation itself…
2Cases cited2 opinions
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
- Hodsdon v. Guardian Life InsuranceMassachusetts Supreme Judicial Court · 1867
3Cited by35 opinions
- Rocci v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1916
- Veal v. Security Mutual Life InsuranceCourt of Appeals of Georgia · 1909
- Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
- Day v. Connecticut General Life InsuranceSupreme Court of Connecticut · 1878
- Kidder v. Supreme Commandery United Order of the Golden CrossMassachusetts Supreme Judicial Court · 1906
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