McQuillan v. Mutual Reserve Fund Life Ass'n
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: JaMes O’Neill, Circuit Judge. Action to recover on a benefit certificate. The certificate was issued to Hugh McQuillan, payable to his wife, Rose McQuillan, if living at the time of his death.
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Appeal from a judgment of the circuit court for Eau Claire county: JaMes O’Neill, Circuit Judge. Action to recover on a benefit certificate. The certificate was issued to Hugh McQuillan, payable to his wife, Rose McQuillan, if living at the time of his death. It contained the following, among other provisions: “ If any of the payments stipulated in this contract shall not be paid on or before the day of the date as provided in this contract, at the home office of the association in the city of New York, or to a duly authorized collector of the association upon a receipt signed by its…
1Opinion
On a motion for a rehearing counsel for the respondent contended, inter alia, that the provision of the policy, that in case of an assignment to a creditor all of the policy in excess of the amount due the insured should be forfeited, does not apply to an assignment as collateral security. Joyce, Insurance, §§ 888, 889, 914, 919, 2336; 19 Am. & Eng. Ency. of Law (2d ed.), 87; Curtiss v. Ætna L. Ins. Co. 90 Cal. 245; Elsberg v. Sewards, 66 Hun, 28; Hitchcock v. N. W. Ins. Co. 26 N. Y. 68; Griffey v. New York C. Ins. Co. 100 N. Y. 417; 16 Am. & Eng. Ency. of Law (2d ed.), 931. That provision as…
2Cases cited10 opinions
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890
- Fitch v. . American Popular Life Ins. Co.New York Court of Appeals · 1875
- Patterson v. Natural Premium Mutual Life InsuranceWisconsin Supreme Court · 1898
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