North America Life Insurance v. Wilson

111 Mass. 542

Opinion

Gray, J.

The policy of insurance was made to William F. Wilson and Andrew Wilson and was payable to them. John T. Wilson, whose life was thereby insured, was not a party to the contract. Campbell v. New England Insurance Co. 98 Mass. 381, 400. He had therefore no right to avoid the policy on the ground of fraud, and, even if the money paid by him for premiums was his own and not that of the assured, he cannot recover it back in this action.

Judgment on the verdict for the plaintiffs in review.