Legal Opinion

Wilhelm v. Order of Columbian Knights

Wisconsin Supreme Court

Decided May 14, 1912PublishedCited by 10 opinions

Appeal from a judgment of the circuit court for Milwaukee county: F. C. EschweileR, Circuit Judge. On or about February 15, 1909, John C. Wilhelm was received into the Order of Columbian Knights as an insurance member, and thereafter during his lifetime paid the required dues and complied with the rules and regulations of the order.

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Appeal from a judgment of the circuit court for Milwaukee county: F. C. EschweileR, Circuit Judge. On or about February 15, 1909, John C. Wilhelm was received into the Order of Columbian Knights as an insurance member, and thereafter during his lifetime paid the required dues and complied with the rules and regulations of the order. He died on August 14, 1910, and after proof and due notice of his death demand was made by the plaintiff, the beneficiary of the insured, for the amount due upon the certificate of insurance, which payment was refused, and this action was brought to recover the…

1Opinion of the CourtBarres, J.

In his application for insurance, dated January 25, 1909, the deceased stated that he had never had calculus or gravel; that he had never had any other sickness, disease, or injury; that he had not consulted a physician within the preceding five years; that he was never under the care of a physician, and that he had no ailment, disease, nor *587suspicion, of any. Deceased warranted all of these representations to be true.

The evidence showed that the deceased consulted one Dr. Tisdale in June, 1908, and stated to him that he had been sick since October, 1907, being first taken with vomiting and…

2Cases cited9 opinions

  1. Briesenmeister v. Supreme Lodge Knights of Pythias of the WorldMichigan Supreme Court · 1890
  2. Nelson v. Nederland Life InsuranceSupreme Court of Iowa · 1900
  3. Foley v. . Royal ArcanumNew York Court of Appeals · 1896
  4. Hanf v. Northwestern Masonic Aid Ass'nWisconsin Supreme Court · 1890
  5. Metropolitan Life Insurance v. WillisIndiana Court of Appeals · 1906

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3Cited by10 opinions

  1. State Ex Rel. Sowle v. BrittichWisconsin Supreme Court · 1959
  2. McGinty v. Brotherhood of Railway TrainmenWisconsin Supreme Court · 1917
  3. Modern Woodmen of America v. International Trust Co.Colorado Court of Appeals · 1913
  4. Estate of Sletto v. AarnessWisconsin Supreme Court · 1937
  5. Krecek v. Supreme Lodge of Fraternal UnionNebraska Supreme Court · 1914

5 more not listed; retrieve them via the Exa API.

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