Jennings v. Metropolitan Life Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance, issued by the defendant, a New York corporation, upon the life of Slater Dewhurst, the plaintiff’s intestate. Writ dated August 2, 1887. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, which, so far as material, was as follows. The policy, which was not under seal, contained the following provisions: “ Sixth.
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Contract upon a policy of insurance, issued by the defendant, a New York corporation, upon the life of Slater Dewhurst, the plaintiff’s intestate. Writ dated August 2, 1887. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, which, so far as material, was as follows. The policy, which was not under seal, contained the following provisions: “ Sixth. Agents are not authorized to make, alter, or discharge contracts, or waive forfeitures, or receive premiums on policies in arrears after the time allowed by the regulations of the company. . . . Eighth. ... No suit…
1Opinion of the CourtW. Allen, J.
Baldwin testified, that, after sending the proof of death to the defendant, he received the answer through Bailey as from the company, that “ somebody wrote to the company that something was wrong some way, and I must wait a little longer,” and that “ the case was all right, and if I would wait a little while he would pay me the money.” Bailey was the defendant’s superintendent at Fall River, his certificate accompanied the proof of death, and the check in settlement of the claim was to be sent to him. Bailey was a witness for the defendant, and did not contradict this testimony of Baldwin,…
2Cases cited1 opinion
- Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
3Cited by6 opinions
- Howell v. John Hancock Mutual Life Insurance Co. of BostonNew York Court of Appeals · 1941
- Lewis v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1902
- Paul v. Fidelity & Casualty Co.Massachusetts Supreme Judicial Court · 1904
- Blair v. National Reserve InsuranceMassachusetts Supreme Judicial Court · 1935
- Klair v. Philadelphia, Baltimore & Washington RailroadSuperior Court of Delaware · 1910
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