Massachusetts Supreme Judicial Court, 1896

Moore v. Massachusetts Benefit Ass'n

Massachusetts Supreme Judicial Court · Decided April 1, 1896 · Allen

165 Mass. 517; 43 N.E. 298; 1896 Mass. LEXIS 312

Cases that cite this one

5 later published cases cite this decision.

Loomis v. Pease (Mass. 1919)
Brocklehurst & Potter Co. v. Marsch (Mass. 1916)
Westerfeld v. New York Life Insurance (Cal. 1900)
Bruce v. Anderson (Mass. 1900)
Ewing v. Composite Brake Shoe Co. (Mass. 1897)

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

Allen, J.

The plaintiff’s own testimony shows that he received the money and signed the release with the clear understanding that his claim was thereby satisfied and settled, so that he was thereafter to receive nothing further. There was no *518room for the suggestion that he was still to have a right of action left, and that the money was to apply only to a part of his claim. Under these circumstances he could not rescind the settlement and maintain an action on his claim without first returning the money which he received. Drohan v. Lake Shore Michigan Southern Railway, 162 Mass. 435, and cases there cited. Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.