Boorman v. Northwestern Mutual Relief Ass'n
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: R. Gr. Siebeokee, Circuit Judge. Action to recover upon a mutual life insurance policy.
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Appeal from a judgment of the circuit court for Dane county: R. Gr. Siebeokee, Circuit Judge. Action to recover upon a mutual life insurance policy. The defendant issued an indemnity policy to one Holman Boorman, August 24,1885. This policy was conditioned for the payment of certain assessments by the assured, and provided (1) for the payment of forty per cent, of the proceeds of an assessment (not exceeding, however, $500) in case of total and permanent incapacity to perform manual labor; (2) for the payment, in case of death or on the 24th day of February, 1926, of eighty per cent, of the…
1Opinion of the CourtWinsnow, J.
After careful examination of the testimony given on the trial touching on the question of the mental capacity of Holman Boorman when he made the exchange of certificates, we are entirely satisfied that the trial judge was right in holding that there was no testimony to go to the jury which tended to prove him mentally incompetent to make á valid exchange. The question was not whether he at some time had a delusion upon some subject, nor yet whether he always reasoned wisely or prudently, but, “ when capacity to do a certain act is in issue, the question is whether the alleged insane person…
2Cases cited2 opinions
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