Miller v. Sovereign Camp Woodmen of the World
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Green ■county: George Grimm, Circuit Judge. The plaintiff, as the beneficiary in a benefit certificate issued to ber son Otto Miller, brings tbis action to recover $1,000. To establish the death of the insured evidence was offered tending to show that at the time the action was begun be bad been absent from bis home and unheard of for seven years. Ho evidence was offered by the defendant.
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Appeal from a judgment of tlie circuit court for Green ■county: George Grimm, Circuit Judge. The plaintiff, as the beneficiary in a benefit certificate issued to ber son Otto Miller, brings tbis action to recover $1,000. To establish the death of the insured evidence was offered tending to show that at the time the action was begun be bad been absent from bis home and unheard of for seven years. Ho evidence was offered by the defendant. The court ■directed a verdict in favor of plaintiff, and such ruling is assigned as error. Otto Miller was last beard from in 1899. He was then twenty-three…
1Opinion of the CourtBabites, J.
It is contended by the defendant that the evidence offered was insufficient to raise the presumption of death and that a verdict should have been directed in its-favor. If this contention be not well taken, then it is urged that the jury should have been permitted to pass upon the-principal issue in the case.
Some of the more modern cases hold that an interested! party seeking to establish the death of another may not rely on the absence of such party from his home or place of *507residence for seven years without being heard from as being sufficient to raise a presumption of death, hut in…
2Cases cited9 opinions
- Modern Woodmen of America v. GerdomSupreme Court of Kansas · 1905
- King v. Hekla Fire InsuranceWisconsin Supreme Court · 1883
- Matthews v. Capital Fire InsuranceWisconsin Supreme Court · 1902
- Whiteley v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1888
- Inhabitants of Warren v. Inhabitants of ThomastonSupreme Judicial Court of Maine · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Northwestern Iron Co. v. Indusrrial CommissionWisconsin Supreme Court · 1913
- Marquet v. Aetna Life Ins.Tennessee Supreme Court · 1913
- Modern Woodmen of America v. MichelinSupreme Court of Oklahoma · 1924
- Donovan v. Connecticut Co.Supreme Court of Connecticut · 1912
- McLaughlin v. Sovereign CampNebraska Supreme Court · 1914
31 more not listed; retrieve them via the Exa API.