Bostwick v. Mutual Life Insurance Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eock county: B. E. DuNwiddie, Circuit Judge. Action to recover money paid to defendant for three insurance policies.
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Appeal from a judgment of the circuit court for Eock county: B. E. DuNwiddie, Circuit Judge. Action to recover money paid to defendant for three insurance policies. Plaintiff claimed that George S. Parker,. Arthur H. Barrington and himself were each fraudulently induced to sign an application for an insurance policy of a different character than he intended; that each, as soon as he-discovered the fraud, repudiated the transaction; and that Parker and Barrington thereafter, and before the commencement of this action, assigned to plaintiff their claims for the return of the money paid to the…
1ConcurrenceCassoday, C. J.
I concur in the result of the decision in this case, except as to the Bostwiclc policy; and as to that I think the judgment should be affirmed. As to that policy, the evidence, in my judgment, clearly brings the case within the well-established rule stated in a recent standard work, cited by plaintiffs counsel, as follows:
“By the overwhelming weight of authority, ordinary prudence and diligence do not require a person to test the truth of representations made to him by another as of his own knowledge, and with the intention that they shall be acted upon, if the facts are peculiarly within the…
2Cases cited7 opinions
- Dietz v. City of NeenahWisconsin Supreme Court · 1895
- Disch v. TimmWisconsin Supreme Court · 1898
- Williamson v. NeevesWisconsin Supreme Court · 1897
- State v. DonohueWisconsin Supreme Court · 1960
- Wilkinson v. WilkinsonWisconsin Supreme Court · 1884
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