McNaughton v. Des Moines Life Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Trempea-leau county: J. J. Feuit, Circuit Judge. Action by a beneficiary to recover on an insurance policy. The policy was issued by defendant, an Iowa corporation, June 15, 1903, at Whitehall, Trempealeau county, Wisconsin. It required payment of a premium of $156.10 at the issuance of the policy and the same annually thereafter, or a specified amount semi-annually or quarterly, the latter rate being $41.35 per quarter.
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Appeal from a judgment of the circuit court for Trempea-leau county: J. J. Feuit, Circuit Judge. Action by a beneficiary to recover on an insurance policy. The policy was issued by defendant, an Iowa corporation, June 15, 1903, at Whitehall, Trempealeau county, Wisconsin. It required payment of a premium of $156.10 at the issuance of the policy and the same annually thereafter, or a specified amount semi-annually or quarterly, the latter rate being $41.35 per quarter. It provided in case of default for an extension of thirty days with the privilege of making payment by adding ten cents per…
1Opinion of the CourtMaeshall, J.
Respondent’s counsel make the point that the contract which accompanied the policy was an evasion of the anti-rebate law, rendering the credit which assured applied on his quarterly payment ineffectual, thus leaving him in default and causing a lapse of the policy. The trial court does not appear to have passed on that question, but if counsel be right, the fact, in one aspect of the case, must render the judgment right even if the court below was wrong as to the particular matters complained of by appellant.
It was held in Urwan v. N. W. Nat. L. Ins. Co. 125 Wis. 349, 103 N. W. 1102, that a…
2Cases cited12 opinions
- Insurance Co. v. DutcherSupreme Court of the United States · 1877
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Chicago Life Insurance v. WarnerIllinois Supreme Court · 1875
- Teeter v. . United Life Ins. Assn.New York Court of Appeals · 1899
- Koerner v. StateIndiana Supreme Court · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Equitable Life Assurance Society of the United States v. PettidArizona Supreme Court · 1932
- Timmerman v. Bankers' Reserve Life Co.Texas Commission of Appeals · 1933
- Equitable Life Assur. Soc. of the U.S. v. RobertsSupreme Court of Alabama · 1932
- Timmerman v. Bankers Reserve Life Co.Texas Supreme Court · 1933
- State v. HallWisconsin Supreme Court · 1955
14 more not listed; retrieve them via the Exa API.