Di Meglio v. Baltimore & Ohio Railroad Co.

Citations

• 24 Del. 74
• 1 Boyce 74
• 74 A. 558
• 1909 Del. LEXIS 40

Syllabus

<p>Demurrer—Infants—Disabilities—Effect of Suit for Damages— Action on Policy of Relief Insurance.</p> <p>1. A demurrer admits the truth of every material allegation well pleaded.</p> <p>2. Infants are favorites of the law. An infant cannot appoint an attorney in fact. And a release made by him is voidable.</p> <p>3. An infant beneficiary under an insurance policy may avoid a release of claim thereunder on coming of age.</p> <p>4. The bringing of suit by an infant plaintiff to recover damages for the death of her husband and prosecuting it to an adverse judgment, without the intervention of a guardian, or next friend, admitted by the Court, does not operate as a release of, or bar against, the claim of an infant beneficiary under an insurance policy, issued to the husband of the beneficiary by the Relief Department of the defendant, notwithstanding the husband’s agreement in his application for membership therein, to the effect “that the bringing of a suit by me, my beneficiary or legal representatives, or for their use shall bar all claims by reason of my membership therein.’’ .</p>