White v. Brotherhood of Locomotive Firemen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: James O’Neill, Judge. This is an action to recover upon a certificate of insurance issued by appellant to one T. J. White, the respondents being the sisters and alleged heirs of said T. J. White.
Read the full summary
Appeal from a judgment of the circuit court for Sauk county: James O’Neill, Judge. This is an action to recover upon a certificate of insurance issued by appellant to one T. J. White, the respondents being the sisters and alleged heirs of said T. J. White. The case was tried by the court and the following findings made: That T. J. White never married, and made his home with his mother at Winona, Minnesota; that he was sober and industrious, lived on affectionate terms with the family, and wrote to Ms parents and sisters on an average of once in six weeks or two months; that he saved…
1Opinion of the CourtKerwin, J.
The findings set out in the statement cover all the issuable facts in the case.
1. It is strenuously contended by counsel for appellant that there is not sufficient evidence to support the finding to the effect that T. J. White died in the year 1901, three years prior to the death of his mother.
It is argued that since there is no presumption of death because of no tidings until the expiration of seven years and because of a presumption of continuation of life, it is not established that White died so short a time after he was known to be alive and well.
The well settled rule is that there is no…
2Cases cited8 opinions
- Tisdale v. Connecticut Mutual Life InsuranceSupreme Court of Iowa · 1868
- Butler v. Supreme CourtWashington Supreme Court · 1909
- Miller v. Sovereign Camp Woodmen of the WorldWisconsin Supreme Court · 1909
- Whiteley v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1888
- Palmer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ewing v. Metropolitan Life InsuranceWisconsin Supreme Court · 1926
- United States v. RobertsonCourt of Appeals for the Ninth Circuit · 1930
- Delaney v. Metropolitan Life InsuranceWisconsin Supreme Court · 1934
- Dobelin v. Ladies of the Maccabees of the WorldWisconsin Supreme Court · 1920
- Harris v. Security Benefit AssociationWashington Supreme Court · 1935
6 more not listed; retrieve them via the Exa API.