Marks v. Hope Mutual Life Insurance
Massachusetts Supreme Judicial Court
Contract brought by the plaintiff as administratrix of the estate of Joseph Marks. The declaration contained two counts. The first count set forth a policy of insurance said to have been issued by the defendant corporation on the life of said Joseph, and declared for the amount of the policy. The second count set forth a receipt, a copy of which was annexed, and averred a nonfulfilment of the agreement therein contained on the part of the defendant corporation.
Read the full summary
Contract brought by the plaintiff as administratrix of the estate of Joseph Marks. The declaration contained two counts. The first count set forth a policy of insurance said to have been issued by the defendant corporation on the life of said Joseph, and declared for the amount of the policy. The second count set forth a receipt, a copy of which was annexed, and averred a nonfulfilment of the agreement therein contained on the part of the defendant corporation. The receipt annexed was as follows : “ Boston, January 10, 1870. Received from Joseph Marks, ten and fifty one hundredths dollars,…
1Opinion of the CourtWells, J.
Under the ruling at the trial, the verdict must rest exclusively upon the written memorandum declared on as the contract of the defendant corporation.
*532Assuming that the corporation could contract to insure otherwise than by a policy in the usual form and payment of the-premium, and that Simpson had full authority so to contract, and also that this writing was intended to bind the corporation and not Simpson personally, we are unable to give to the writing any effect except as an agreement to return the money received unless a policy should be issued and furnished to the plaintiff within thirty…
2Cited by11 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Fairbanks v. KempMassachusetts Supreme Judicial Court · 1917
- Hart v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1932
- DeCesare v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1932
- Fairley v. B. R. Smith & Co.Supreme Court of North Carolina · 1882
6 more not listed; retrieve them via the Exa API.