McNicholas v. Prudential Insurance Co. of America
Massachusetts Supreme Judicial Court
Contract by the administratrix of the estate of Thomas J. McNicholas, upon a policy dated October 9, 1899, insuring the life of the plaintiff’s intestate, who also was her husband, for the sum of $201 in consideration of the weekly payment of a premium of fifteen cents.
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Contract by the administratrix of the estate of Thomas J. McNicholas, upon a policy dated October 9, 1899, insuring the life of the plaintiff’s intestate, who also was her husband, for the sum of $201 in consideration of the weekly payment of a premium of fifteen cents. Writ in the Municipal Court of the Roxbury District of the City of Boston dated February 19,1904. On appeal to the Superior Court the case first was tried before G-askill, J. At this trial the judge submitted the case to the jury on the single question whether the plaintiff made the disputed payment which is mentioned in the…
1Opinion of the CourtRugg, J.
The exceptions as to the admission of evidence respecting the payment not entered upon the “ premium receipt book,” and as to the policy having lapsed thereby, must be overruled. The plaintiff testified that she had made a payment, which was not entered on the book; that she thereupon had a dispute with one Sterling, the regular collector, who refused to make the correction, and thereafter for a time she made no payment ; then one Moody, the assistant superintendent of the defendant at its Boxbury office, called and asked her “ why she was not paying,” to which it was replied that she and…
2Cases cited3 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- United States v. RobesonSupreme Court of the United States · 1835
- McNicholas v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1906
3Cited by2 opinions
- American National Ins. Co. v. SmithSupreme Court of Oklahoma · 1923
- Douglass v. MussmanMassachusetts Supreme Judicial Court · 1922