Bottomley v. Metropolitan Life Ins. Co.
| Decision Date | 24 February 1898 |
| Citation | 49 N.E. 438,170 Mass. 274 |
| Parties | BOTTOMLEY v. METROPOLITAN LIFE INS. CO. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
John
W. Cummings, Edward Higginson, and Charles R. Cummings, for plaintiff.
Jennings & Morton, for defendant.
On June 18, 1894, the defendant, a foreign insurance company, with its home office in New York City (though the place of its incorporation is not stated), issued a policy of insurance on the life of Julia Carey, promising to pay the stipulated amount "to one of the persons described in condition first," upon receipt of proofs of the death of the insured. "Condition first" provided that "the company may pay this policy to either the executor or administrator, husband or wife, or any relative by blood, or lawful beneficiary, of the insured." No other person than Julia Carey is mentioned as a party to the contract, and she is referred to in the body of the policy and conditions as the "assured" and the "insured." At the time of taking out the policy, and thereafter until her death, which was on March 4 1895, she lived in Providence, R.I. The bill of exceptions states that the plaintiff, who also then lived in Providence took out the policy. The plaintiff was an aunt of Mrs. Carey but she is not named, as beneficiary or otherwise, in the policy, though, perhaps, it is to be inferred that she paid the premiums. There can be little doubt that this policy was a Rhode Island contract. Certainly it was not a Massachusetts contract. At some time after June 18, 1894, the plaintiff moved to Fall River, in this commonwealth; and thereafter "the plaintiff told the defendant's office in Providence to transfer the policy to Fall River," and then the payments of premiums were made to the defendant's collector in Fall River for several weeks until finally there was a lapse for nonpayment of premiums. There is nothing to show that anything was done by the defendant or by the insured to transfer the policy to Fall River, or to make it a Massachusetts contract, except as above mentioned. After the policy had lapsed for nonpayment of premiums, a written application for its revival, with the arrears of premiums, was presented to the defendant, in Fall River, by the plaintiff, who then lived there. This application was signed by Ann Bottomley, the plaintiff, and after describing the policy, and giving the residence of Julia Carey as at Providence, R.I., it says, "The above-described policy having lapsed, and the undersigned having forfeited all claims thereunder, hereby applies for a revival of insurance, and, to induce the said company to revive the same, declares and warrants as follows." Certain declarations and warranties followed. Upon the back of this application, certain particulars inquired for were answered, and the answers were signed by Julia Carey. The application was dated at Fall River, January 19, 1895. The "full name of agent by whom policy was lapsed" was given as " There are two certificates, one, by "R.D. Hope, agent," that he had personally seen the life insured under the above policy, etc.; the other, by R.D. Hope, that he had on January 25, 1895, "personally seen and examined the life proposed for insurance." Neither of these mentions the residence of R.D. Hope, nor the place where he saw Mrs. Carey. The policy was given, with the above application, to the defendant, at its office in Fall River, and on or about February 4, 1895, at Fall River, was returned to the plaintiff, who then lived there, by the local representative of the defendant in that city, with the following stamped upon its face: The stamping upon the policy was apparently done at the defendant's home office, in New York City. The application expressly recites that it must be done there in order to give force to the policy. There is nothing which in express terms shows at what place Mrs. Carey signed the answers to questions upon the application, and submitted to personal examination, though, from the testimony as to her residence and her ill health,...
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