Holmes v. Charter Oak Life Ins. Co.
| Decision Date | 06 April 1881 |
| Citation | 131 Mass. 64 |
| Parties | Kate A. Holmes v. Charter Oak Life Insurance Company |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Argued November 19, 1880
Suffolk. Contract upon a policy of insurance upon the life of Nathaniel W. Holmes, payable to the plaintiff, his wife. The policy was dated January 5, 1876, and contained the following provisions, after stating that the consideration of the policy was the annual premium of $ 39.34, to be paid on or before December 31, in every year during the continuance of the policy:
"If at any time after three annual premiums have been paid on this policy, default shall be made in the payment of any subsequent premium, and this policy shall be surrendered within thirty days after the expiration thereof, the company will issue a paid-up policy therefor for an amount at least equal to the amount of such premiums paid." "Or in case the said premiums shall not be paid on or before the several days hereinbefore mentioned for the payment thereof then, and in every such case, the said company shall not be liable to the payment of the sum insured, or any part thereof, except the amount of premiums as above recited, and this policy shall cease and determine." "In every case where this policy shall cease, or become null or void all payments made thereon shall be forfeited to the said company."
The case was submitted to the Superior Court upon an agreed statement of facts, which, after stating that the policy was a part thereof, proceeded in substance as follows:
The defendant is a life insurance company, duly incorporated under the laws of the State of Connecticut, and having its office and principal place of business at Hartford, in that State, where its president and secretary and all of its directors reside, and where all applications for insurance are sent, and accepted or rejected. From a period prior to the date of the policy in suit, and until after the death of Holmes, the defendant had a general agent, George B. Hilliard, in Boston, duly appointed in accordance with the laws of this Commonwealth.
On December 31, 1875, Nathaniel W. Holmes made application to the defendant, through Hilliard, for a policy of insurance upon his own life, for the benefit of the plaintiff. This application was signed by Holmes and sent by Hilliard to the company at Hartford, where it was accepted by the defendant, and a policy for $ 2500 was made and issued by the defendant to Holmes on that date. The policy was signed by the president and secretary of the defendant at Hartford, and sent to the agent at Boston, by whom it was countersigned and delivered to the assured, upon payment to the agent of the premium due at the date of the policy.
The annual premium, due December 31, 1876, was also duly paid the defendant company through said agent at Boston, and no further premiums were ever paid on the policy. Notice was duly sent, through said general agency, when the premium due December 31, 1877, became due.
Holmes died on May 3, 1879, and due notice and proof of his death were given by the plaintiff to the defendant on May 15, 1879.
It is further agreed, if the court shall hold that the Mass. St. of 1861, c. 186, is applicable to the facts of this case, the net value of the policy at the time of nonpayment of the premium was sufficient, according to that statute, to have kept the policy in force beyond the time of the death of the insured.
If, upon the above facts, the plaintiff was entitled to recover, judgment was to be entered for $ 2416.02, with interest at six per cent per annum from August 15, 1879, and costs of suit; otherwise, judgment for the defendant, and costs.
The Superior Court ordered judgment for the plaintiff for $ 2585.14; and the defendant appealed to this court.
Judgment affirmed.
D. Foster & A. D. Foster, for the plaintiff.
H. D. Hyde, for the defendant.
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