Smoot v. Washington National Insurance

Massachusetts Supreme Judicial Court

Smoot v. Washington National Insurance

277 N.E.2d 307, 360 Mass. 868

CourtMassachusetts Supreme Judicial Court

DecidedDecember 10, 1971

StatusPublished

This text of 277 N.E.2d 307 (Smoot v. Washington National Insurance) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smoot v. Washington National Insurance, 277 N.E.2d 307, 360 Mass. 868 (Mass. 1971).

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Opinion

This is an appeal from a final decree dismissing a bill to compel the defendant (Washington) to issue policies of life and health insurance to the plaintiff. The suit is based on an alleged contract of insurance which arose as a result of certain alleged conduct of one of Washington’s general agents. After making detailed and lengthy findings of fact, the judge ruled that no contract of insurance was made between Washington and the plaintiff. Questions of fact, including the credibility of the witnesses, are within the exclusive domain of the judge and will not be set aside unless plainly wrong. Younker v. Pacelli, 354 Mass. 738, 741. A review of the record in this case indicates beyond any doubt that there was substantial and weighty evidence to support each of the findings made by the judge. The appeal is frivolous.

Decree affirmed with double costs.

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This is an appeal from a final decree dismissing a bill to compel the defendant (Washington) to issue policies of life and health insurance to the plaintiff. The suit is based on an alleged contract of insurance which arose as a result of certain alleged conduct of one of Washington’s general agents. After making detailed and lengthy findings of fact, the judge ruled that no contract of insurance was made between Washington and the plaintiff. Questions of fact, including the credibility of the witnesses, are within the exclusive domain of the judge and will not be set aside unless plainly wrong. Younker v. Pacelli, 354 Mass. 738, 741. A review of the record in this case indicates beyond any doubt that there was substantial and weighty evidence to support each of the findings made by the judge. The appeal is frivolous.

Decree affirmed with double costs.

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Bluebook (online)

277 N.E.2d 307, 360 Mass. 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smoot-v-washington-national-insurance-mass-1971.

Opinion

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