Flynn v. North American Life Ins. Co.
| Decision Date | 04 September 1874 |
| Citation | 115 Mass. 449 |
| Parties | William J. Flynn v. North American Life Insurance Company |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Suffolk.
Judgment for the defendant.
A. A. Ranney, for the plaintiff.
R. D. Smith & M. M. Weston, for the defendant.
This action is brought by William J. Flynn upon a policy of insurance on the life of Garrett Royle, his father-in-law. The application states, and the policy shows, that the insurance was obtained for the benefit of Flynn; and the application was signed "Garrett Royle for William J. Flynn." The original premium was paid by Flynn for Royle, and a receipt therefor given by the insurance company to Flynn in his own name; the annual premiums were paid by Flynn; part only of the first premium, and none of the subsequent ones, were repaid to him by Royle. By the policy, the insurers promise and agree to pay the sum insured to Flynn and his representatives. But this promise and agreement is expressed to be made to and with Royle and his representatives; and the policy is under seal. Royle and not Flynn is the covenantee. It is well settled that upon an agreement under seal, none but a party to it can maintain an action at law. Sanders v. Filley, 12 Pick. 554. Johnson v. Foster, 12 Met. 167. Millard v. Baldwin, 3 Gray 484. Northampton v. Elwell, 4 Gray 81. Dicey on Parties, 101. Whatever therefore might have been Flynn's right of action if the agreement sued on had been a simple contract, there was no sufficient privity between him and the insurers to maintain an action in his name upon this policy; and it is unnecessary to consider the other grounds of defence.
Judgment for the defendant.
To continue reading
Request your trial
-
City of Lancaster v. Frescoln
... ... Samuel W. Frescoln and the American Surety Company, Appellant No. 74Supreme Court of ... 624; Farmington v. Hobert, 74 Me. 416; Flynn v ... Ins. Co., 115 Mass. 449; Cocks v. Varney, 45 ... ...
-
Werlin v. Equitable Sur. Co.
...Company, a corporation. Plainly this plaintiff could not sue as obligee if the corporation was an existing one. Flynn v. North American Life Ins. Co., 115 Mass. 449;Penn. Match Co. v. Hapgood, 141 Mass. 145, 7 N. E. 22;Mathews Slate Co. v. Sweeney, 219 Mass. 285, 106 N. E. 975;Frank v. Mill......
-
American Surety Co. of New York v. Campbell & Zell Co.
... ... Cases ... like Flynn v. North American L. Insurance Co., 115 ... Mass. 449, are not in point, ... ...
-
Woonsocket Rubber Co. v. Banigan
...v. Hobert, 74 Me. 416; How v. How, 1 N. H. 49; Fairchild v. Association, 51 Vt. 613; Huntington v. Knox. 7 Cush. 374; Flynn v. Insurance Co., 115 Mass. 449; Henricus v. Englert, 137 N. Y. 488, 33 N. E. 550; Loeb v. Barris, 50 N. J. Law, 382, 13 Atl. 602; De Bolle v. Insurance Co., 4 Whart. ......