Flynn v. North American Life Ins. Co.

• Decision Date: 04 September 1874
• Citation: Flynn v. North American Life Ins. Co., 115 Mass. 449 (Mass. 1874)
• Parties: William J. Flynn v. North American Life Insurance Company
• Court: Supreme Judicial Court of Massachusetts

115 Mass. 449

William J. Flynn v. North American Life Insurance Company

Supreme Court of Massachusetts

September 4, 1874

Suffolk.

Judgment for the defendant.

A. A Ranney, for the plaintiff.

R. D Smith & M. M. Weston, for the defendant.

GrayC. J. Colt & Endicott, JJ., absent.

OPINION

Gray

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...