Kidder v. Knights Templars & Masons Life Indemnity Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau ■Claire county: W. F. Bailey, Circuit Judge. This was an action on a policy of life insurance on the life of George A. Buffington in the sum of $5,000, brought by the plaintiff as beneficiary, to recover that sum, and the further sum of $700 for assessments paid on the policy.
Read the full summary
Appeal from a judgment of the circuit court for Eau ■Claire county: W. F. Bailey, Circuit Judge. This was an action on a policy of life insurance on the life of George A. Buffington in the sum of $5,000, brought by the plaintiff as beneficiary, to recover that sum, and the further sum of $700 for assessments paid on the policy. The defense was that the said Buffington was'- not a member of the defendant corporation at the time of his death; that for a long time prior thereto, and at the time of his death, he had violated and was-violating the conditions of the policy, comprised in the fifth…
1Opinion of the CourtPiotey, J.
The view that we feel compelled to take of ■this case, under previous decisions of this court, renders it ■unnecessary to consider whether the construction of the provisions of the policy, in respect to the residence of the in•sured south of the thirty-second parallel of north latitude, adopted by the circuit court in directing a verdict in favor •of the plaintiff, was correct or not. Assuming that it was erroneous, and that a forfeiture of the policy upon the .ground insisted on had occurred, still we think it was waived by the company calling on the claimant, through its general manager, to…
2Cases cited10 opinions
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
- Cannon v. Home Insurance Company of New YorkWisconsin Supreme Court · 1881
- Stylow v. Wisconsin Odd Fellows Mutual Life InsuranceWisconsin Supreme Court · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
- Pacific Mut. Life Ins. Co. of Cal. v. O'NeilSupreme Court of Oklahoma · 1913
- Shearlock v. Mutual Life InsuranceMissouri Court of Appeals · 1916
- Frels v. Little Black Farmers' Mutual InsuranceWisconsin Supreme Court · 1904
- National Life Ins. Co. of the United States v. ClaytonSupreme Court of Oklahoma · 1917
3 more not listed; retrieve them via the Exa API.