Kendall v. Equitable Life Assurance Society
Massachusetts Supreme Judicial Court
Bill in equity, filed July 29, 1897, in the Superior Court, against the Equitable Life Assurance Society of the United States, a corporation, Frank A. Russell, individually and as trustee, and the executors of the will of Daniel W. Russell, for the redemption and reassignment to the plaintiff of a policy of insurance. Hearing before Richardson, J., who found the following facts.
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Bill in equity, filed July 29, 1897, in the Superior Court, against the Equitable Life Assurance Society of the United States, a corporation, Frank A. Russell, individually and as trustee, and the executors of the will of Daniel W. Russell, for the redemption and reassignment to the plaintiff of a policy of insurance. Hearing before Richardson, J., who found the following facts. On or about September 29, 1893, Josiah B. Kendall, whose life was insured in the defendant corporation, borrowed for his own use of Daniel W. Russell the sum of $1,900, and gave his note therefor payable in six months…
1Opinion of the CourtLathrop, J.
The defendants other than the assurance society contend that, as the justice who heard the case decided it in favor of the plaintiff’s third contention, she is not a party aggrieved, within the Pub. Sts. c. 151, § 13, and has no right of appeal. For this position Copp v. Williams, 135 Mass. 401, and Downs v. Bowdoin Square Baptist Society, 149 Mass. 135, are cited. These cases state the familiar rule that, if a party asks for a certain ruling and it is given, he has no ground of exception. But the contentions in the case before us were in the alternative, and the plaintiff would not be…
2Cases cited15 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Harley v. HeistIndiana Supreme Court · 1882
- Pingrey v. National Life InsuranceMassachusetts Supreme Judicial Court · 1887
- Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Brannon v. HursellMassachusetts Supreme Judicial Court · 1873
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
- Union Estates Co. v. . Adlon Construction Co.New York Court of Appeals · 1917
- Stebbins v. North Adams Trust Co.Massachusetts Supreme Judicial Court · 1922
- Silverstein v. SasterMassachusetts Supreme Judicial Court · 1934
- Finegan v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1938
8 more not listed; retrieve them via the Exa API.