McGowan v. Supreme Court of the Independent Order of Foresters
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse •county: O. IB. Wyman, Circuit Judge. They contended, inter ■alia, that the statements and declarations contained in the medical examination paper did not constitute a warranty; neither did these statements and declarations, together with the contract itself, constitute a warranty. Campbell v. Few England M. L. Ins. Go. 98 Mass. 381, 391; Moulor v. Am. L. Ins. Go.
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Appeal from a judgment of the circuit court for La Crosse •county: O. IB. Wyman, Circuit Judge. They contended, inter ■alia, that the statements and declarations contained in the medical examination paper did not constitute a warranty; neither did these statements and declarations, together with the contract itself, constitute a warranty. Campbell v. Few England M. L. Ins. Go. 98 Mass. 381, 391; Moulor v. Am. L. Ins. Go. Ill U. S. 335; Anders v. Supreme Lodge K. of H. 51 N. J. Law, 175; Vivar v. Supreme Lodge K. of P. 52 N. J. Law, 455; Glapp v. Mass. Fen. Asso. 146 Mass. 519; Illinois M. B.…
1Opinion of the Court
Cassoday, 0. J.
This is an action to recover insurance upon a certificate of membership of Edward Pion in the defendant company dated June 3, 1896. The case was here upon a former appeal. 104 Wis. 173.
It appears from the record, and is undisputed, that Edward Pion made a written application for such membership May 4, 1896, upon a blank of the defendant, in which he ■answered several questions, to the effect that he was then in .good health, and had never had pleurisy, inflammation of lungs, acute bronchitis, chronic catarrh, diseases of throat or air passages,shortness of breath,spitting…
2Cases cited18 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1899
- Herbst v. LoweWisconsin Supreme Court · 1886
- Boyle v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1897
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- Shaw v. GilbertWisconsin Supreme Court · 1901
- Deering v. HoeftWisconsin Supreme Court · 1901
- McKneely v. Brotherhood of American YeomenWisconsin Supreme Court · 1915
- Woldenberg v. RiphanWisconsin Supreme Court · 1918
4 more not listed; retrieve them via the Exa API.