117 Mass. 528 | Mass. | 1875
Under the ruling at the trial, the verdict must rest exclusively upon the written memorandum declared on as the contract of the defendant corporation.
It cannot operate as a present insurance for thirty days, or until a policy should be furnished, because that is not its purport. And if such a contract could be made out by proof of oral agreements and representations, adding to and varying the written memorandum, it would be a different contract from that declared on. It is not an absolute agreement to insure, or to make and deliver a policy. Its obligation would be satisfied at any time by declining the application and returning the money received. Reading the writing as if made and signed by the corporation itself, it disclaims the assumption of any liability by. way of insurance otherwise than by a policy duly issued to the party applying.
We are of opinion that the ruling which allowed the action to be maintained was wrong, and that the verdict must be set aside. Exceptions sustained.