Lerdall v. Charter Oak Life Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action to recover the amount appearing due by the terms of an endowment policy of insurance issued by the defendant to the plaintiff June 3, 1867. The answer, by way of counterclaim, alleged, in effect, the act of incorporation by the legislature of Connecticut, containing a clause authorizing its alteration, amendment or repeal; and that in 1875 it was enacted that if at any time the assets of any company were less than its…
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APPEAL from the Circuit Court for Dane County. Action to recover the amount appearing due by the terms of an endowment policy of insurance issued by the defendant to the plaintiff June 3, 1867. The answer, by way of counterclaim, alleged, in effect, the act of incorporation by the legislature of Connecticut, containing a clause authorizing its alteration, amendment or repeal; and that in 1875 it was enacted that if at any time the assets of any company were less than its liabilities, the insurance commissioner might notify, the company to cease issuing new policies or paying dividends to…
1Opinion of the CourtOassoday, J.
The counsel for the appellant insists that the answer sets up a good defense, or at least so far colorable as to require investigation, and therefore should not have been stricken out as frivolous, within the rule laid down by this court in Cottrill v. Cramer, 40 Wis., 555, and Tolman v. Hanrahan, 44 Wis., 133. The answer is voluminous, and it does require some investigation to understand the facts; but, when ascertained, it at once becomes obvious that it tenders no defense to the policy, nor any denial of the amount due thereon. In fact, it consists wholly of a counterclaim or cross action…
2Cases cited6 opinions
- Ryan v. . WardNew York Court of Appeals · 1872
- Diggle v. BouldenWisconsin Supreme Court · 1880
- Curran v. RummellMassachusetts Supreme Judicial Court · 1875
- Cottrill v. CramerWisconsin Supreme Court · 1876
- Farmers' & Millers' Bank v. SawyerWisconsin Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Herman v. SchlesingerWisconsin Supreme Court · 1902
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- Weidner v. Standard Life & Accident InsuranceWisconsin Supreme Court · 1906
- Hurlbut v. MarshallWisconsin Supreme Court · 1885
- Jameson v. BarberWisconsin Supreme Court · 1883
6 more not listed; retrieve them via the Exa API.