Shattuck v. Mutual Life Ins.
U.S. Circuit Court for the District of Massachusetts
The following is the substance of the agreed statement upon which the case was argued: This is an action on a policy of insurance, issued by the defendant upon the life of the plaintiff’s intestate, Noah G. Shat-tuck. The plaintiff [Mary W. Shattuck] is a citizen of the state of Massachusetts.
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The following is the substance of the agreed statement upon which the case was argued: This is an action on a policy of insurance, issued by the defendant upon the life of the plaintiff’s intestate, Noah G. Shat-tuck. The plaintiff [Mary W. Shattuck] is a citizen of the state of Massachusetts. The defendant is a corporation organized under the laws of the state of New York, and having its place of business in the city of New York, and is engaged in the business of issuing policies of insurance upon the lives of persons residing in the various parts of the United States. It has agents…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Contracts of insurance are completed when the proposals of the one party have been accepted by the other by some appropriate act signifying such an acceptance, and it follows from that rule that the place or seat of the contract is the place where it was accepted. Consequently if an agent appointed in a state other than that which chartered the company, and in which the company has its home office, forwards the requisite papers to that office, and a policy is thereupon executed there, and mailed directly to the applicant, the contract is a contract made in the state…
2Cases cited2 opinions
- Hyde v. . GoodnowNew York Court of Appeals · 1850
- Huntley v. MerrillNew York Supreme Court · 1860
3Cited by3 opinions
- Guarantee Savings, Loan & Investment Co. v. AlexanderU.S. Circuit Court for the District of South Carolina · 1899
- McIlwaine v. IseleyU.S. Circuit Court for the District of Western North Carolina · 1899
- Davis v. Ætna Mutual Fire InsuranceSupreme Court of New Hampshire · 1892