Mayo v. Metropolitan Life Insurance

Supreme Court of New Hampshire
Mayo v. Metropolitan Life Insurance, 126 A. 15 (N.H. 1924)
81 N.H. 299; 1924 N.H. LEXIS 36
Young, Snow

Mayo v. Metropolitan Life Insurance

Opinion of the Court

Young, J.

It would be a defence for the defendants to show that these policies were procured by fraud if they were not estopped to make it, by the judgments in the bills in equity. Chesley v. Dunklee, 77 N. H. 263, 267; MacDonald v. Railway, 71 N. H. 448, 457; Metcalf v. Gilmore, 63 N. H. 174, 189.

It does not necessarily follow, however, that the defendants are remediless. They can apply to the superior court to vacate the orders on the bills in equity and if the court finds that is what justice requires, it will undoubtedly grant them the relief prayed for.

Case discharged.

Snow, J., was absent: the others concurred.

Reference

Full Case Name
Florence Mayo v. Metropolitan Life Insurance Company.
Status
Published