Badger v. American Popular Life Insurance
Cases that cite this one
9 later published cases cite this decision.
- Rapp v. Lester L. Burdick, Inc. (Mass. 1957)
- London Clothes, Ltd. v. Maryland Casualty Co. (Mass. 1945)
- Parkway, Inc. v. United States Fire Insurance (Mass. 1944)
- Burner v. American Insurance (Mo. Ct. App. 1927)
- Royal Exchange Assurance of London v. Almon (Ala. 1918)
- Fidelity & Casualty Co. of New York v. Walton (Okla. 1909)
- Elliot v. Grand Lodge Ancient Order of United Workmen (Kan. Ct. App. 1895)
- Misselhorn v. Mutual Reserve Fund Life Ass'n (Mo. Ct. App. 1888)
- Whiting v. Massachusetts Mutual Life Insurance (Mass. 1880)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendants sent to Almarin F. Badger, the plaintiff’s intestate, the policy in question, containing the following clause: “ Nor shall this policy be in force until it is countersigned by A. F. Badger, agent at Boston.” He received the policy and had it in his power to make it a valid contract by countersigning. But he did not do this, and consequently the policy never became in force. We need not inquire into the motives of the company for inserting this conditio.n; nor into his motives for neglecting to comply with it. It is sufficient that the defendants had a right to insert it and to insist upon it. There is no evidence tending to show that it was waived.
Judgment for the defendants.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.