McDonough v. Metropolitan Life Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of life insurance upon the life of James R. McDonough, late of the part of Boston called South Boston, who was the husband of the plaintiff, the beneficiary under the policy. Writ dated June 28, 1915. In the Superior Court the case was tried before Brown, J. At the close of the evidence, which is described in the opinion, the judge ordered a verdict for the defendant and reported the case for determination by this court.
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Contract on a policy of life insurance upon the life of James R. McDonough, late of the part of Boston called South Boston, who was the husband of the plaintiff, the beneficiary under the policy. Writ dated June 28, 1915. In the Superior Court the case was tried before Brown, J. At the close of the evidence, which is described in the opinion, the judge ordered a verdict for the defendant and reported the case for determination by this court. If on the evidence properly admitted or improperly excluded the ordering of the verdict was right, judgment was to be entered on that verdict. If the…
1Opinion of the CourtRugg, C. J.
This is an action of contract brought by the beneficiary to recover the amount of a policy of insurance issued by the defendant upon the life of her husband. The plaintiff offered in evidence the policy of insurance and the proofs of death. There was testimony to the effect that the insured appeared to be a healthy man on March 3, 1915, the date of the policy; that, being in some pain, in the previous November he went to the Carney Hospital, where an operation was performed; that a mistaken diagnosis of his case then was made; "that they cut the man open and sewed him right up again;” that…
2Cases cited23 opinions
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- Worcester Color Co. v. Henry Wood's Sons Co.Massachusetts Supreme Judicial Court · 1911
- International Textbook Co. v. MartinMassachusetts Supreme Judicial Court · 1915
- Collins v. Casualty Co. of AmericaMassachusetts Supreme Judicial Court · 1916
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3Cited by91 opinions
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- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1925
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