Foster v. Gile
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago Comity. The action was originally upon a life insurance policy, brought by the plaintiff against the corporation which issued it — the Penn Mutual Life Insurance Company of Pennsylvania. That company admitted its liability on the policy, and paid the amount of the insurance into court.
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APPEAL from the Circuit Court for Winnebago Comity. The action was originally upon a life insurance policy, brought by the plaintiff against the corporation which issued it — the Penn Mutual Life Insurance Company of Pennsylvania. That company admitted its liability on the policy, and paid the amount of the insurance into court. Py a proceeding under E. S., sec. 2610, the defendants above named (each of whom claimed the proceeds of the policy) were substituted for the insurance company as defendants in the action, and the contest thenceforth was for the money thus paid into court. The facts,…
1Opinion of the Court
LtoN, «T.
It was held in Clark v. Durand, 12 Wis., 223, and again in Kerman v. Howard, 23 Wis., 108, that a person who procures a policy of insurance on his own life for the benefit of another, and pays the premiums thereon, may dispose of it, by will or otherwise, to the exclusion of the beneficiary named in the policy. The opposite doctrine was held in a very late case in Minnesota (Ricker v. Charter Oak Life Ins. Co., *6066 N. W. Rep., 771), and tbe opinion of tbe court seems to be fortified with authorities. However, until tbe legislature enacts otherwise, the rule of Clark v. Durand and Kerman…
2Cases cited14 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- St. John v. . the American Mutual Life Insurance Co.New York Court of Appeals · 1855
- Connecticut Mutual Life Insurance v. BurroughsSupreme Court of Connecticut · 1867
- Continental Life Insurance v. PalmerSupreme Court of Connecticut · 1875
- Bicker v. Charter Oak Life InsuranceSupreme Court of Minnesota · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Patterson v. Natural Premium Mutual Life InsuranceWisconsin Supreme Court · 1898
- Rawson v. Milwaukee Mutual Life InsuranceWisconsin Supreme Court · 1902
- Stephenson v. StephensonSupreme Court of Iowa · 1884
- Berg v. DamkoehlerWisconsin Supreme Court · 1902
- Bursinger v. Bank of WatertownWisconsin Supreme Court · 1886
26 more not listed; retrieve them via the Exa API.