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