Bursinger v. Bank of Watertown
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The following statement of the case was prepared, by Mr. Justice Taylob as a part of the opinion: Action to recover of the defendant bank the value of two life insurance policies, for $1,000 each, on the life of the plaintiff. One policy was a ten-year policy, and all the premiums thereon were fully paid at the time of the alleged assignment thereof by the plaintiff to the defendant.
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APPEAL from the Circuit Court for Jefferson County. The following statement of the case was prepared, by Mr. Justice Taylob as a part of the opinion: Action to recover of the defendant bank the value of two life insurance policies, for $1,000 each, on the life of the plaintiff. One policy was a ten-year policy, and all the premiums thereon were fully paid at the time of the alleged assignment thereof by the plaintiff to the defendant. The other was what is called an endowment policy, payable at the expiration of fifteen years from the date thereof, to wit, February 7, 1886. All the premiums…
1Opinion of the CourtTaylor, J.
Upon an examination of the evidence given on the part of the plaintiff as to the condition of his mind at the time he executed the assignments, we are clearly of the opinion that such evidence tended to prove the allegations of his complaint upon the question of his capacity to execute such assignments at the time the same were made. The evidence tended to show that, by reason of his intoxication, he was incapable of comprehending what he was doing at the time he executed said assignments, and was therefore within the well-established rule of law that a drunkard, when in a complete state of…
2Cases cited27 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1877
22 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- PHL Variable Insurance v. Price Dawe 2006 Insurance Trust Ex Rel. Christiana Bank & Trust Co.Supreme Court of Delaware · 2011
- Clement v. Insurance Co.Tennessee Supreme Court · 1898
- Rylander v. AllenSupreme Court of Georgia · 1906
- Gordon v. Ware Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Crosswell v. Connecticut Indemnity Ass'nSupreme Court of South Carolina · 1897
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