Davis v. Supreme Council of Royal Arcanum
Massachusetts Supreme Judicial Court
Contract for $3,000 by tbe widow of Edmund Davis, lafce of Hyde Park, upon a benefit certificate issued to Davis by the defendant, a fraternal beneficiary corporation, in which the plaintiff was named as beneficiary.
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Contract for $3,000 by tbe widow of Edmund Davis, lafce of Hyde Park, upon a benefit certificate issued to Davis by the defendant, a fraternal beneficiary corporation, in which the plaintiff was named as beneficiary. Writ dated August 14, 1897. The substituted answer contained a general denial, and further alleged that the insured, Edmund Davis, came to his death by his own voluntary act by shooting himself, that when the shooting occurred Davis was of sound mind and understood fully the nature and consequence of the act, and that by reason of this act his certificate of membership became…
1Opinion of the CourtKnowlton, C. J.
This is an action of contract, brought by the beneficiary designated in a certificate of membership issued by the defendant to the plaintiff’s husband. The defendant is a fraternal beneficiary order organized under the laws of this Commonwealth. The certificate contains no provision in regard to death by suicide. The insured committed suicide by shooting himself while he was of sound mind. The principal question before us is whether, under these facts, the plaintiff is entitled to recover.
It is settled upon sound principles, and by a great weight of authority, that, even if an ordinary policy…
2Cases cited16 opinions
- Ritter v. Mutual Life Ins. Co. of NYSupreme Court of the United States · 1898
- Supreme Commandery of the Knights of the Golden Rule v. AinsworthSupreme Court of Alabama · 1882
- Burt v. Union Central Life InsuranceSupreme Court of the United States · 1902
- Marsh v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1889
- Shipman v. . Protected Home CircleNew York Court of Appeals · 1903
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3Cited by20 opinions
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- DeMello v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1932
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