Bailey v. New England Mutual Life Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of life insurance. Writ dated June 9, 1873. The declaration alleged that the defendants made a policy of insurance, a copy of which was annexed, for the sum of $2500, on the life of Joseph A. Bailey, Jr., for the term of his life, for the benefit of his widow.
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Contract upon a policy of life insurance. Writ dated June 9, 1873. The declaration alleged that the defendants made a policy of insurance, a copy of which was annexed, for the sum of $2500, on the life of Joseph A. Bailey, Jr., for the term of his life, for the benefit of his widow. After the allegation? |>f the death of the insured March 21, 1873, and notice and proof of the same to the defendants, the declaration concluded, “ and the plaintiff is the widow of said deceased, and the defendants were bound to pay the amount of said loss to the plaintiff within sixty days after said notice.” By…
1Opinion of the CourtEndicott, J.
We think the question raised in this case has been settled by the recent decisions of this court. In Burroughs v. State Assurance Co. 97 Mass. 859, it was held, on a policy payable upon the death of the assured to his executors, administrators or assigns, for the use of the wife and children of the assured, that an assignee of the same could maintain the action, although in fact it was defended by the guardian of an infant child of the assured, the wife being dead. If the assured had left no wife or child, the assignee, upon recovery, would have received the whole amount to his own use; as…
2Cases cited3 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
3Cited by17 opinions
- Boyden v. HillMassachusetts Supreme Judicial Court · 1908
- New England Dredging Co. v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1889
- Evans v. OppermanTexas Supreme Court · 1890
- Rindge v. New England Mutual Aid SocietyMassachusetts Supreme Judicial Court · 1888
- Pingrey v. National Life InsuranceMassachusetts Supreme Judicial Court · 1887
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