Hurd v. Doty
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. On January 27, 1885, one Eannie E. Nash received from > the Northwestern Mutual Relief Association of Madison a . certificate of membership for insurance in an amount ’not exceeding $4,000, with one half payable to E. E. Doty}. and ' the remainder equally divided between the plaintiff and G. C. Chittenden as beneficiaries.
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APPEAL from the Circuit Court for Dane County. On January 27, 1885, one Eannie E. Nash received from > the Northwestern Mutual Relief Association of Madison a . certificate of membership for insurance in an amount ’not exceeding $4,000, with one half payable to E. E. Doty}. and ' the remainder equally divided between the plaintiff and G. C. Chittenden as beneficiaries. On March 29, 1889;'the ■ said Eannie E. signed an application for change of beneficiary in said insurance, so as to make $2,000 thereof payable to the plaintiff, and the balance thereof to be equally divided between E. E. Doty…
1Opinion of the CourtCassoday, J.
The findings of the court are' fully sustained by the evidence.
It is contended that the plaintiff had no^ insurable interest in the life of Fannie E. Nash. The learned counsel for the *9defendant cites numerous cases to the effect that one procuring insurance upon the life of another cannot recover upon the policy without proving an interest in.the life assured. The theory upon which such decisions are based is that such a contract is nothing more than a wagering or gambling contract, and hence is against public policy, and is therefore void. It -is very questionable whether such a policy was…
2Cases cited8 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Bursinger v. Bank of WatertownWisconsin Supreme Court · 1886
- Kiewert v. RindskopfWisconsin Supreme Court · 1879
- Wells v. McGeochWisconsin Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Morgan v. Pennsylvania General InsuranceWisconsin Supreme Court · 1979
- Cowin v. HurstMichigan Supreme Court · 1900
- Strike v. Wisconsin Odd Fellows Mutual Life InsuranceWisconsin Supreme Court · 1897
- Bliss v. BlissIdaho Supreme Court · 1911
- Lee v. PreissWisconsin Supreme Court · 1962
4 more not listed; retrieve them via the Exa API.