FLANAGAN v. JOHN HANCOCK MUTUAL LIFE INS. CO.


349 Mass. 405 (1965)

208 N.E.2d 497

GERTRUDE FLANAGAN vs. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 23, 1965.


Attorney(s) appearing for the Case

Gael Mahony for the plaintiff.

Jeremiah W. Mahoney (Daniel J. Johnedis with him) for the defendant.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & REARDON, JJ.


KIRK, J.

The case is before us on the plaintiff's two bills of exceptions arising out of an action of contract on a policy of life insurance issued by the defendant to William J. Flanagan (the insured) whose widow is the beneficiary of the policy and the plaintiff in the action. The first bill of exceptions relates to the order of the judge at the first trial setting aside the verdict for the plaintiff, and granting a new trial on the ground that "justice cannot be...

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