Archibald v. Mutual Life Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Action upon a policy of insurance issued by the defendant to the plaintiff on the life of «Hudson Archibald, late the husband of the plaintiff.
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APPEAL from the Circuit Court for Fond du Lac County. Action upon a policy of insurance issued by the defendant to the plaintiff on the life of «Hudson Archibald, late the husband of the plaintiff. The defendant in its answer -alleges, among other things, that “ at the time of the commencement of the action, the plaintiff was not the owner of the said supposed policy of insurance, but that one J. H. Hauser was at that time the assignee thereof, and had the legal title thereto.” On the trial of the action, the defendant, for the purpose of proving the above averment, offered in evidence an…
1Opinion of the CourtLyon, J.
That it is competent for the owner of a life policy to assign the same so that the assignee may maintain an action thereon in his own name, is the settled law of tliis state, and it is quite immaterial that a married woman is beneficially interested in the policy. There is nothing in our law which prohibits a married woman from making such an assignment. A life policy is on the same footing in these respects as other *546dioses in action which are assignable in equity; on which actions can be maintained by the assignees in their own names. McArthur v. Green Bay & Miss. Canal Co., 34 Wis.. 139,…
2Cases cited2 opinions
- Clark v. DurandWisconsin Supreme Court · 1860
- Fraker v. ReeveWisconsin Supreme Court · 1874
3Cited by13 opinions
- New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
- Ballou v. GileWisconsin Supreme Court · 1880
- Metropolitan Life Insurance v. O'BrienMichigan Supreme Court · 1892
- Bursinger v. Bank of WatertownWisconsin Supreme Court · 1886
- Canterbury v. Northwestern Mutual Life InsuranceWisconsin Supreme Court · 1905
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