101 Mass. 279 | Mass. | 1869
This case is very simple, It is an action on a policy of life insurance. The plaintiff has no such policy. She undertook to show that the defendants agreed to issue such a policy, and that the terms on which it was to be issued were fully complied with; that the policy was written and executed, and thereby became a valid contract; and therefore, though the paper was not delivered, and remained in the hands of the defendants or their agents, that it is her property, and will support her action.
The plaintiff has not a delivered instrument, the evidence ol a complete agreement, not to be qualified or varied in its legal effect by paroi testimony; and it does not appear that the parties have ever agreed that the written paper should become a contract, except upon a condition which has not been performed.
Exceptions overruled.
On the tenth day of March 1869, the Honorable Ebenezeh Rockwood Hoar, having been appointed attorney general oí the Ünited States, resigned the office of justice of this court, which he had held since the twelfth day of April 1859.