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Larsen v. Metropolitan Life Ins. Co.

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eBook details

  • Title: Larsen v. Metropolitan Life Ins. Co.
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 27, 1935
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

CROSBY, Justice. This is an action to recover on an insurance policy alleged to have been issued by the defendant upon the life of Annie C. Mead in the sum of $1,000. The case was heard by a Judge of the superior court and a jury. At the close of the evidence the defendant filed a motion for a directed verdict, which was allowed subject to the plaintiff's exception. The case was reported to this court upon a stipulation entered into by the parties. It appeared that Annie C. Mead made an application for a policy of life insurance in the sum of $1,000. The original policy was not produced, but a copy thereof was produced by the defendant and introduced in evidence by the plaintiff. Gorgine Larsen, the plaintiff, testified that she was a sister of Annie Mead; that in October, 1928, the latter visited her; that the plaintiff knows A. J. Mahoney, and that he was employed by the defendant; that she was present when Mrs. Mead talked with Mahoney and signed an application for insurance about the middle of October, 1928; that there were also present the plaintiff's daughter, and one Lamplough who came with Mahoney; that afterwards Mahoney called again and talked with Mrs. Mead and brought with him a policy and handed it to her; that this was about four weeks after she signed the application; that Mrs. Mead paid Mahoney some money, that the plaintiff did not know the amount but saw her hand him a bill for $20 and receive some change back; that the plaintiff's daughter was present when the money was paid. The plaintiff further testified that Mrs. Mead wanted 'something fixed about the disability in the policy' and that Mahoney left the house after the money was paid taking the policy with him; that she saw her sister with the policy in her hand and in her possession, but could not remember whether that was before or after she paid Mahoney the money. On cross-examination the plaintiff testified that Philip M. Torf was once her lawyer, and at one time she had asked his advice about this case and he told her 'that there was nothing there'; that she gave him Exhibit 7, which was a letter from Mr. Torf dated July 26, 1929, to the defendant in which it was stated that the writer represented the 'heirs of the late Annie C. Petterson [who was also known by the name of Pedersen]. * * * They inform me that the decedent had been insured with your company and had three policies, on which she paid weekly, to a Mr. Mahoney, your authorized collector Two of these policies, of which she was insured under the name of Annie C. Petterson * * * and the later policy she was insured under the name of Annie C. Meade. * * * Will you kindly furnish me with the amount of insurance carried together with the policy numbers, so that we may be able to properly present the matter to the Probate Court for the purpose of administration.' Doris Larsen, the plaintiff's daughter, testified that in November, 1928, she was present when the defendant's agent came to her house and saw her aunt Mrs. Mead; that the first time he was there Mrs. Mead gave him $3, and later she gave him a bill for $20 and received some change in return from it; that she does not remember whether she saw any life insurance policy there.


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