Clapp v. Massachusetts Benefit Ass'n
Massachusetts Supreme Judicial Court
Contract to recover f8,000 on a certificate of membership in the defendant association, issued to Edward A. Clapp for the benefit of his wife, Ellen M. Clapp. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows.
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Contract to recover f8,000 on a certificate of membership in the defendant association, issued to Edward A. Clapp for the benefit of his wife, Ellen M. Clapp. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows. The plaintiff introduced in evidence the proofs of the death of Clapp, by which it appeared that he died on February 3, 1886, of Bright’s disease, and the certificate, which was dated February 1,1885, and contained the following condition: “The statements and declarations made by and on behalf of said member in his application to…
1Opinion of the CourtDevens, J.
The certificate or policy on which the plaintiff relies was issued on the condition that “ the statements and declarations made by and on behalf of said member in his application to become a benefit member of said association, which are hereby referred to as the basis of this contract, and are a part thereof, and on the faith of which this certificate is issued, are in all respects true, and that no fact has been suppressed relating to his health or circumstances affecting the interests of said association, or their inducement to accept the risk.” The application must thus be treated as a…
2Cases cited4 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- McCoy v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1882
3Cited by13 opinions
- Cobb v. Covenant Mutual Benefit Ass'nMassachusetts Supreme Judicial Court · 1891
- Barker v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1908
- O'Connell v. Supreme Conclave KnightsSupreme Court of Georgia · 1897
- Flynn v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1890
- Hatcher v. DunnSupreme Court of Iowa · 1897
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