Ellison v. Straw
Wisconsin Supreme Court
Appeai, from a judgment of tide superior court of Milwaukee county: J. C. Ludwig, Judge. Action of garnishment Summons served on Northwestern Mutual Life Insurance Company, as garnishee, September 19, 1900. Answer by garnishee, and issue thereon, and trial. Defendant Alonzo W. Straw insured his life in the garnishee company on September 19, 1885, $15,000, by policy payable to his wife, Amelia N. Straw.
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Appeai, from a judgment of tide superior court of Milwaukee county: J. C. Ludwig, Judge. Action of garnishment Summons served on Northwestern Mutual Life Insurance Company, as garnishee, September 19, 1900. Answer by garnishee, and issue thereon, and trial. Defendant Alonzo W. Straw insured his life in the garnishee company on September 19, 1885, $15,000, by policy payable to his wife, Amelia N. Straw. The policy was so-called semi-tontine, whereby it was agreed that the tontine period should be fifteen years; that during that period no dividends should be payable; that on the expiration of…
1Opinion of the CourtDodge, J.
The appellants’ assault upon the judgment is predicated upon two propositions: First, that there was no debt due from the garnishee to A. IF. Straw at the time of the service of the garnishee summons, to wit, September 19, 1900; secondly, that any such debt was exempt from seizure for debts of either Mr. or Mrs. Straw.
1. The first proposition is that the so-called tontine dividend accumulation had not become due absolutely on the 19th day of September, for the asserted reason that the ton-tine period was not completed until that day had passed; hence, if Straw■ had died on that day, the…
2Cases cited12 opinions
- Uhlman v. . New York Life Ins. Co.New York Court of Appeals · 1888
- Shakman v. United States Credit System Co.Wisconsin Supreme Court · 1896
- Miller v. . CampbellNew York Court of Appeals · 1893
- Ellison v. StrawWisconsin Supreme Court · 1903
- Talcott v. FieldNebraska Supreme Court · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Daniel v. Life Ins. Co. of VirginiaCourt of Appeals of Texas · 1937
- Farmers & Merchants Bank v. National Life InsuranceSupreme Court of Georgia · 1926
- Eberhard v. Northwestern Mut. Life Ins.Court of Appeals for the Sixth Circuit · 1917
- Isaac Van Dyke Co. v. MollMichigan Supreme Court · 1928
- Kansas City Life Insurance v. RaineySupreme Court of Missouri · 1944
16 more not listed; retrieve them via the Exa API.