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…
1Opinion of the Court
*398The following opinion was filed March 11, 1902:
Mat?.sttat,t.; J.
Two propositions are presented for consideration : First, were tbe applicants for insurance bound by .their applications because of their failure to know what they .signed ? Second, did the retention of the policies by the applicants for several -months, without objection, constitute an acceptance thereof and waive the fraud, if there was fraud, 'in securing the applications? The learned counsel for respondent devoted nearly all their printed argument, as they •did nearly all their oral argument, to the first proposition. As we…
2Cases cited60 opinions
- Michoud v. GirodSupreme Court of the United States · 1846
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