Alvord v. Luckenbach
Wisconsin Supreme Court
Appeal from an order of the circuit court for Oconto county: S. D. Hastings, JR., Circuit Judge. Appeal by plaintiff from order sustaining demurrer to his complaint, wherein the following material facts are set forth: Prior to November 19, 1895, the plaintiff’s father, Charles B. Alvord, held a tontine life insurance policy for $3,000, payable to Ellen C. Alvord, beneficiary, wife of Charles B. Alvord, provided that, if said beneficiary should not survive the insured, then…
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Appeal from an order of the circuit court for Oconto county: S. D. Hastings, JR., Circuit Judge. Appeal by plaintiff from order sustaining demurrer to his complaint, wherein the following material facts are set forth: Prior to November 19, 1895, the plaintiff’s father, Charles B. Alvord, held a tontine life insurance policy for $3,000, payable to Ellen C. Alvord, beneficiary, wife of Charles B. Alvord, provided that, if said beneficiary should not survive the insured, then such payment should be made to the executors, administrators, or assigns of said assured. Ellen C. Alvord having died,…
1Opinion of the CourtDodge, J.
Several reasons are urged in support of the conclusion of the court below that no cause of action is stated by the complaint in favor of the plaintiff and against the defendant. Discussion of the others will be rendered unnecessary by the conclusion we have reached upon the fundamental consideration which goes directly to the rights of the plaintiff, not only in this form of action but in any other as well.
By the contract between the insurance company and the plaintiff’s father, Charles B. Alvord, the former agreed to pay the amount of the policy to the latter’s executors, administrators, or…
2Cases cited5 opinions
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1899
- Foster v. GileWisconsin Supreme Court · 1880
- Strike v. Wisconsin Odd Fellows Mutual Life InsuranceWisconsin Supreme Court · 1897
- Estate of BreitungWisconsin Supreme Court · 1890
- Dirimple v. State Bank of PhillipsWisconsin Supreme Court · 1895
3Cited by5 opinions
- Opitz v. KarelWisconsin Supreme Court · 1903
- Berg v. DamkoehlerWisconsin Supreme Court · 1902
- Ellison v. StrawWisconsin Supreme Court · 1903
- Stoll v. Mutual Benefit Life InsuranceWisconsin Supreme Court · 1902
- Elgar v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1902