Legal Opinion

Aldrich v. Mercantile Mutual Accident Ass'n

Massachusetts Supreme Judicial Court

Decided June 20, 1889PublishedCited by 9 opinions

Contract to recover $3,000 on a certificate of membership in the defendant association, issued to John A. Aldrich, for the benefit of his wife, Sarah E. Aldrich. Trial in the Superior Court, before Blodgett, J., who, after a verdict for the plaintiff, reported the case for the determination of this court. The material facts appear in the opinion.

1Opinion of the CourtDevens, J.

The certificate of membership in the defendant association permitted an employment different from that designated as the regular or usual employment of the assured in his application and in the certificate. If injured while thus engaged, temporarily or otherwise, in an employment classified by the association as more hazardous than the one thus stated as the regular employment of the insured, the indemnity to be paid in case of death was to be at the rate specified for the occupation in which he was at the time of the injury actually engaged. In his application, the insured, who was in the…

2Cases cited2 opinions

  1. Scudder v. BradburyMassachusetts Supreme Judicial Court · 1871
  2. Odiorne v. New England Mutual Marine InsuranceMassachusetts Supreme Judicial Court · 1869

3Cited by9 opinions

  1. Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
  2. Standard Life & Accident Insurance v. MartinIndiana Supreme Court · 1893
  3. Fox v. Masons' Fraternal Accident Ass'n of AmericaWisconsin Supreme Court · 1897
  4. Holiday v. American Mutual Accident Ass'nSupreme Court of Iowa · 1897
  5. Tobin v. National Casualty Co.California Court of Appeal · 1923

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