RAPP v. LESTER L. BURDICK, INC.


336 Mass. 438 (1957)

146 N.E.2d 368

WILLIAM G. RAPP, administrator, & another vs. LESTER L. BURDICK, INC. & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 4, 1957.


Attorney(s) appearing for the Case

Lester S. Cramer, for the plaintiffs.

Myer Z. Kolodny, for the defendants.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


WHITTEMORE, J.

This is an action in contract or tort, tried to a judge without a jury, to recover the face amount of an accident and health insurance policy. The action is brought by the administrator de bonis non of the estate of the named insured and by the chief beneficiary named in the policy. The defendants are the alleged insurer and its general agent in Boston.

The declaration states a count in contract against the agent for breach of an agreement to...

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