Hart v. Fraternal Alliance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JOHNSON, Circuit Judge. Action on a benefit certificate of $2,000, issued by the defendant on the life of Richard IT. Hart. The beneficiary being dead, the action is brought by children of deceased.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JOHNSON, Circuit Judge. Action on a benefit certificate of $2,000, issued by the defendant on the life of Richard IT. Hart. The beneficiary being dead, the action is brought by children of deceased. The certificate was issued upon condition that the member should comply with all existing laws, rules, and regulations of the order, and such as might, from time to time thereafter, be adopted, and which should be and form a part of the contract. At the time of Mr. Hart’s death, Law 24 provided, among other things, as follows:…
1Opinion of the CourtEaedeeN, J.
The certificate in suit provided that in case of suicide the only liability under the contract should be the amount of the premiums paid by the insured, with six per cent, interest. The proofs of death showed that deceased came to his death by suicide. The doctors who made the post mortem examination testified that they found a quantity of carbolic .acid in the stomach of deceased; that the entire lining of the stomach was “ eaten off and burned up; ” *494and that it was congested and swollen. Tbeir conclusion was that death was caused by carbolic acid poisoning. Concerning this fact the evidence…
2Cases cited13 opinions
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Ermentrout v. Girard Fire & Marine InsuranceSupreme Court of Minnesota · 1895
- Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
- Hanna v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1896
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3Cited by21 opinions
- Kisting v. Westchester Fire Insurance CompanyDistrict Court, W.D. Wisconsin · 1968
- Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
- Ehlers v. Colonial Penn InsuranceWisconsin Supreme Court · 1977
- Cox v. Royal TribeOregon Supreme Court · 1903
- Aetna Life Insurance v. FitzgeraldIndiana Supreme Court · 1905
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