McQuillan v. Mutual Reserve Fund Life Ass'n
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: JaMes O’Neill, Circuit Judge. Action to recover on a benefit certificate. The certificate was issued to Hugh McQuillan, payable to his wife, Rose McQuillan, if living at the time of his death.
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Appeal from a judgment of the circuit court for Eau Claire county: JaMes O’Neill, Circuit Judge. Action to recover on a benefit certificate. The certificate was issued to Hugh McQuillan, payable to his wife, Rose McQuillan, if living at the time of his death. It contained the following, among other provisions: “ If any of the payments stipulated in this contract shall not be paid on or before the day of the date as provided in this contract, at the home office of the association in the city of New York, or to a duly authorized collector of the association upon a receipt signed by its…
1Opinion of the Court
The following opinion was filed November 29, 1901:
Marshall, J.
As we view this case, several reasons advanced for a reversal, and several reasons given in support of the judgment, need not be considered. The pleadings admit, or the evidence establishes beyond controversy, that payment of the assessment of August 31, 1898, was made by the city of Eau Claire, the owner of the policy, several days too late; that the money was retained by appellant several months with knowledge of all the facts, before its duty to refund the same, or be bound to consider mere time of payment thereof immaterial,…
2Cases cited10 opinions
- Joliffe v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
- Shea v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1894
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
- Erdmann v. Mutual Insurance Co. of the Order of Herman's Sons of WisconsinWisconsin Supreme Court · 1878
- Crossman v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
- Pacific Mut. Life Ins. Co. of Cal. v. O'NeilSupreme Court of Oklahoma · 1913
- Equitable Life Assurance Society v. BrewerCourt of Appeals of Kentucky (pre-1976) · 1928
- McDonald v. Equitable Life Assurance Society of the United StatesSupreme Court of Iowa · 1918
18 more not listed; retrieve them via the Exa API.